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(영문) 서울중앙지방법원 2013.04.26 2013고단1256
병역법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The public interest service personnel shall not leave their post or not serve in the field concerned for a total period of eight days or more without justifiable reasons.

From January 28, 2011, the Defendant served as public interest service personnel in the Gwanak-gu Seoul Special Metropolitan City B Library to receive and disburse books.

Nevertheless, for five days from October 31, 201 to November 4, 2011, the Defendant left his service for a total period of eight days or more due to the Defendant’s failure to attend the said library for six days from November 15, 2011 to November 22, 201 without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on the written accusation;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by sentence: Imprisonment for not more than three years;

2. The sentencing criteria: The sentencing criteria are not set; 3. The sentencing criteria are not set; the sentence shall be suspended in consideration of the fact that the period of deprivation of service is the first one day, that the period of renunciation of service is not a large number of time, and that the error is against the depth; and

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