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(영문) 서울동부지방법원 2017.05.12 2017고단786
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 became final and conclusive.

Reasons

Punishment of the crime

On April 26, 2017, the Defendant was sentenced to a suspended sentence of two years for a violation of the Electronic Financial Transactions Act at the Seoul Southern District Court on April 26, 2017, and was finally sentenced to a suspended sentence of two years on May 5, 2017, and was serving in Gangdong-gu Seoul District Court C.

A public duty personnel member shall not leave his service or not serve in the relevant field for a total period of not less than eight days without justifiable grounds.

Nevertheless, the Defendant, from April 6, 2015 to April 10, 2015, left from service on the ground that the total of 11 days from April 6, 2015 to September 10, 2015, did not work without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the reason for renunciation of service;

1. A written accusation;

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history, report on investigation (report on the result of confirmation of the previous convictions of the disposition and report on the date of release);

1. Subparagraph 1 of Article 89-2 of the former Military Service Act (Amended by Act No. 13778, Jan. 19, 2016) on criminal facts

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) shall apply;

1. Article 62 (1) of the Criminal Act on the stay of execution (The confession and reflection of a crime, the absence of the same criminal record, and the equality, etc. with the case of judgment concurrently with the crime for which a judgment has become final and conclusive);

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