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(영문) 창원지방법원 통영지원 2013.04.29 2013고단74

병역법위반

Text

A defendant shall be punished by imprisonment for six 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

On February 28, 2011, the Defendant was called as public interest service personnel on February 28, 201, and is serving in the department B for viewing and viewing which is currently in the high-speed city of Gyeongnam.

While serving as public interest service personnel, the Defendant retired from his service on December 15, 201, August 23, 2012; August 27, 2012; and on September 4, 2012; October 9, 2012; and on October 24, 2012; and on October 29, 201, the Defendant left from his service by failing to work in a shower B and attendance without justifiable grounds, respectively. < Amended by Act No. 11504, Oct. 24, 2012; Act No. 11208, Oct. 26, 2012; Act No. 11398, Oct. 29, 2012>

Accordingly, the defendant, as a public interest service personnel, has deserted his service for at least eight days in total without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A fact-finding report on any secession from service, a report on such secession from service and a report on the records of service in supplemental service;

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. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da14488, Apr.