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(영문) 의정부지방법원 2014.10.02 2014고단161
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is one of the public interest service personnel called up as public interest service personnel on December 28, 2012 and is assigned to the Namyang-si branch of the Korea Credit Guarantee Fund located from December 28, 2012 in Nam-si, Namyang-si, 66-1 and serving as public interest service personnel.

The Defendant did not work at the rest of the Korea Credit Guarantee Fund for the total 10 days from December 2, 2013 to December 13, 2013, on the ground that his body was cut off.

Accordingly, the defendant left away from his service or did not serve in the relevant field for at least eight days in total without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation (including a daily statement on the situation of service, a fact-finding report on the escape from service, and a statement on the escape from service);

1. Application of the Acts and subordinate statutes on supplemental service records;

1. The grounds for sentencing under Article 89-2 subparag. 1 of the pertinent Act on criminal facts are as follows: (a) the Defendant was sentenced to imprisonment for six months with prison labor for a violation of the Military Service Act at the Jung-gu District Court on September 11, 2013; and (b) on September 24, 2013, he/she was declared to be sentenced to imprisonment with prison labor for a violation of the same Act; and (c) on September 2

However, the defendant shows an attitude to reflect his wrong from the investigative agency to this court, taking into account the fact that the defendant suffers from disease such as dived spine in the present, the age, character and conduct, environment, and the process of leaving office, and other various sentencing conditions in the records, such as the age, character and conduct of the defendant, and the situation of leaving office, etc., the punishment as ordered shall be determined.

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