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(영문) 서울북부지방법원 2016.07.14 2016고단580
병역법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence 3 (man, etc.) shall be forfeited from the defendant.

seizure.

Reasons

Punishment of the crime

On January 31, 2013, the Defendant was sentenced to one year of imprisonment by the District Court for fraud, etc., and completed the execution of the sentence in the House of Government on October 17, 2013.

1. Violation of the Military Service Act [2016 Highest 580] Defendant was called on November 21, 2014, and served as public interest service personnel in E in Jung-gu Seoul Metropolitan Government D.

Although public duty personnel do not leave their service for at least eight days in total without justifiable grounds, the Defendant was absent without permission for at least eight days in total on the date of June 19, 2015, from 22 to 26, 29, 30 days, etc.

2. A thief [2016 Height 2311] On June 2, 2016, at the front of Dongdaemun-gu Seoul Special Metropolitan City, Seoul, the Defendant: (a) confirmed that the victim C, parked in the place, was approaching the victim C’s G carp vehicles and opened a door, opened a door, and stolen the cash owned by the victim in the U.S. located in the U.S. at a small level under the stalle between the driver’s seat and the chief lighting, with the amount of KRW 1,600.

Summary of Evidence

Criminal facts

- Article 1 Violation of the Military Service Act [2016 High Order 580]

1. Statement by the defendant in court;

1. The theft of paragraph (2) of the crime stated in a written accusation and a written investigation of the escape from service;

1. Statement by the defendant in court;

1. Investigative report (to hear statements of the victim);

1. Records of crimes under subparagraphs 1, 2, and 3 of this Article (each page and finger, etc.);

1. Written inquiry about criminal history, etc.;

1. Investigative into personal identification or expropriation;

1. Application of Acts and subordinate statutes on judgment;

1. Subparagraph 1 of Article 89-2 of the Criminal Act (Violation of the Military Service Act) or Article 329 of the said Act concerning facts constituting an offense (or choice of imprisonment with prison labor for larceny);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The defendant, on the grounds of sentencing of Article 333(1) of the Return Criminal Procedure Act, violates the Military Service Act in the status of repeated crime and commits larceny.

It will be considered in favor of the fact that the defendant is the time of crime and is against the wrong act, and that the victim of larceny is not punished.

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