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(영문) 서울중앙지방법원 2017.07.14 2016고단6643

병역법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a social service worker working at the Gangnam-gu Seoul Metropolitan Government E-resident service center.

Social service personnel shall not desert from their service for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant left his service without attending the Gangnam-gu E community service center, working for a total of eight days from August 1, 2016 to August 5 of the same month, and from August 10 to October of the same month without justifiable grounds.

Summary of Evidence

1. Each legal statement of witness F and G in part;

1. In full view of the accusation, a written investigation of the escape from service, a written investigation of the escape from service, a daily statement of the escape from service, a statement of the status of supplementary service, a statement of supplemental service records, a notice of re-service and a notice of remaining service period, the Military Manpower Administration’s inquiry into the facts of the instant case (the circumstances, the relevant statutes and the details and effects of a series of administrative dispositions recognized by the above evidence

2) Application of the Act

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

1. Article 62 (1) of the Criminal Act on the stay of execution (a favorable circumstance shall be considered, such as the absence of any other criminal history, and the circumstances in which there are any grounds to be considered);