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(영문) 부산지방법원 2013.05.23 2013고단1938
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 14, 2012, the defendant was sentenced to two years of imprisonment with prison labor for a violation of the Military Service Act at the Busan District Court on June 14, 2012, and the decision was confirmed on June 22, 2012 and is currently suspended.

The Defendant was a public duty personnel serving in the Busan High-gu Office in Busan High-dong (2 days from July 11, 201 to December 12 of the same month; (2) from August 30, 2012 to August 31 of the same month; (30) from August 30, 2012 to September 31 of the same month; (1) around September 17, 2012; (2) around December 3, 2012; (1) around December 3, 2012; and (2) around January 21, 2013 to the Busan High-gu Office.

Accordingly, the defendant left his service for not less than 8 days without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Previous records: Application of criminal records, inquiry reports and investigation reports (reports on attachment of criminal records of the same kind of suspect);

1. Although there are favorable grounds for sentencing under Article 89-2 subparag. 1 of the Act on the Punishment of Criminal Crimes, such as where it is difficult to take the grounds for sentencing, the Defendant was punished for the same kind of crime and again committed the instant crime during the period of probation, taking into account the motive, means and result of the crime, the Defendant’s age, environment, criminal record, family relation, circumstances after the crime, etc., and shall be determined by taking into account the following factors:

It is so decided as per Disposition for the above reasons.

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