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(영문) 수원지방법원 성남지원 2013.10.10 2013고단1597

병역법위반등

Text

A defendant shall be punished by imprisonment for six 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

[2013 Highest 1597] The defendant was called as public interest service personnel around November 2012 and served as public interest service personnel at D High School in Seongbuk-gu Seoul Metropolitan City.

The defendant is serving as public interest service personnel ① on January 8, 2013, ② The same year.

1. 11., 3. The same year;

1. 16. 4. The same year;

1. On or around four occasions on or after the start of work without justifiable grounds, each person is subject to a disposition to warn him/her of his/her attendance, five times January 11, 2013;

3. 26. 26. 7. The same year

4.2. 8. The same year;

4.8. Around four occasions, a person violated his duty to serve as a member of the public interest service personnel upon warning disposition at least eight times in total on the ground that he left his place of service without permission or left his place of service.

[2013 Highest 1800] Defendant and Victim E (Nam, 22 years old) are public interest service personnel of D High School in Seongbuk-gu, Sungnam-si.

On July 19, 2013, at around 11:15, the Defendant tried to assault F in relation to the case in which the Defendant was accused of the Defendant’s failure to serve in public interest at the above school while serving in public interest. In relation to the case, the assistant principal of the above school and the administrative working staff F of the above school tried to assault F by the fact that the Defendant should be present at the prosecution and be investigated.

The defendant stated that he was the head of the victim, took the face of the victim several times, and took the face of the victim by his hand.

After that, the defendant went to the school room of the first floor, and the police has been made by the victim, and the victim sees the statement that he has come to the police due to the fact that he expressed his desire to "influence", and assaulted the victim by drinking by making the face of the victim possible.

Summary of Evidence

[2013 Highest 1597]

1. Defendant's legal statement;

1. A written accusation;

1. A survey report on the status of service and a report on the violation of the duty of service;

1. Each warning letter [2013 Highest 1800];

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Application of statutes on photographs of damage;

1. Article 89-3 of the relevant Act and Articles 89-3 and 33 of the Military Service Act concerning facts constituting an offense;