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(영문) 창원지방법원 진주지원 2017.11.07 2017고단698
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of a 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 who served as a social service personnel in Category B in the first floor of the building B, and social service personnel shall not, without justifiable grounds, break away from their service for a total period of not less than eight days or shall not serve in the field concerned.

Nevertheless, the Defendant, from April 12, 2016 to June 12, 2017, for a total of 43 days (from April 12, 2016; from April 14, 2016 to June 12, 2017) without justifiable grounds.

4. (2), April 18, 2016, and April 27, 2016:

4. (3) up to April 18, 2017

4. (3) no later than April 24, 2017

6.12. (33 days excluded from official holidays) Deserting from service for a total period of not less than eight days;

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Written statements of D;

1. A daily statement of the status of service, a statement of the reason for escape from service, and a written investigation of escape from service;

1. A report of investigation (to hear statements by telephone from the person in charge of the C) and a recording record;

1. Application of Acts and subordinate statutes to a report on investigation (verification of the number of days separated from service);

1. Subparagraph 1 of Article 89-2 of the Military Service Act concerning facts constituting an offense;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act - Reasons for sentencing under Article 62 (1) of the Suspension of Execution - Circumstances unfavorable to him/her: A person who has deserted his/her service for 43 days and committed a crime - Circumstances favorable

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