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(영문) 창원지방법원 2016.06.30 2016고단542
병역법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a social service worker who has worked in the Urban Development Corporation at the time of Kimhae-ro 245 (Gusan-dong) in the city of Kimhae-si.

Social service personnel shall not leave their service for a total period of not less than eight days without justifiable grounds.

Nevertheless, the Defendant left his service without justifiable grounds for a total of 13 days from October 16, 2015, from October 23, 2015 to October 30, 2015, and from February 11, 2016 to February 18, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Each report on investigation;

1. A written accusation;

1. Application of Acts and subordinate statutes to the details of secession from service;

1. Subparagraph 1 of Article 89-2 of the Military Service Act concerning facts constituting an offense;

1. The decision to suspend the execution of a sentence under Article 62(1) of the Criminal Act, considering the following: (a) the Defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act, has deserted from his/her service without permission despite his/her status as social service personnel, and the crime is not less severe; (b) however, he/she is an initial offender without any previous criminal records; and (c) he/she has difficulties in

b. Determination of punishment as ordered by comprehensively taking account of the Defendant’s age, sexual conduct, family environment, motive and circumstance of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of

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