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(영문) 의정부지방법원 2016.06.20 2015고단4237
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant of "2015 Highest 4237" is a person called as a member of the community service center of the government around August 2, 2013 as a member of the community service center B in the field of local self-social welfare support.

Although social service personnel have left their service or have not performed their duties in the field concerned for at least eight days in total without justifiable grounds, the defendant left from September 7, 2015 to July 17 of the same month without justifiable grounds and left from their service without justifiable grounds.

On July 20, 2015, the Defendant, on July 20, 2015, received a notice of convening education for social service personnel from D, a member of the Dong Office B located in the Dong Office C, the Defendant’s workplace, and did not comply with the call without justifiable grounds, even after three days from August 6, 2015, the day on which the Defendant was working.

Summary of Evidence

"2015 Highest 4237"

1. Statement by the defendant in court;

1. Requesting an accusation against a person who deserts from the service of social service personnel;

1. A fact-finding certificate;

1. A written investigation of escape from service;

1. A written statement of the reason for secession from service;

1. A list of military service records in supplemental service;

1. Investigation report (the details of phone calls of the suspect's family) 2015 high group 4571;

1. Statement by the defendant in court;

1. A written accusation;

1. Abstract of resident registration;

1. Application of the Acts and subordinate statutes to each investigation report (related to attachment of the Acts and subordinate statutes and the time of service of call notice);

1. Subparagraph 1 of Article 89-2 of the same Act concerning facts constituting an offense (the point of leaving office) and Article 88 (1) 2 of the Military Service Act (the point of failing to convene a meeting);

1. Imprisonment with prison labor for a crime of violating the Military Service Act due to a failure to convene an alternative sentence;

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. The Defendant committed the instant crime even though he had been already punished for the reason of sentencing under Article 62(1) of the Criminal Act under the suspended sentence, despite the fact that the Defendant had been already punished for the violation of the Military Service Act: Provided, That the previous offense of violation of the Military Service Act was punished due to the Defendant’s failure to file a move-in report before becoming a public duty personnel or failure to undergo a physical examination, and other circumstances such as Defendant’s age, sexual behavior, and circumstances after

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