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(영문) 수원지방법원 안산지원 2015.10.01 2015고단2124
병역법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from November 21, 2014 to June 12, 2015, was a person who served as a social work personnel at a Simna child center located in Sim-si and was unable to leave his/her service or to serve in the relevant field for a total period of at least eight days without justifiable grounds, and was unable to serve for at least the total period of at least eight days (one day), from February 10, 2015 to February 13, 2015 (four days), from March 9, 2015 to March 10, 2015, from June 10 to June 12, 2015 to June 17, 2015 to June 17, 2015 (one day), and was to serve for at least the total period of at least three days (one day) without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the accuser;

1. Application of the respective Acts and subordinate statutes to the accusation book, each status of service, each fact-finding report on a deviation from service, each statement on a reason for escape from service, and each daily service situation book;

1. Subparagraph 1 of Article 89-2 of the relevant Act on criminal facts;

1. The reason for sentencing under Article 62(1) of the Criminal Act under Article 62(1) of the suspended sentence is a case where the defendant has failed to faithfully perform his duty of military service due to extremely personal reason, and thus, the criminal sentence cannot be deemed to be less, but the defendant has no criminal record, and the defendant is deemed to faithfully perform his remaining social service. The defendant shows an attitude against the crime of this case, taking into account all the circumstances, the sentence like the order shall be set and the execution of imprisonment shall be suspended.

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