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(영문) 수원지방법원 여주지원 2020.04.28 2019고단1218

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 work personnel belonging to the hospital B and performing patient relief duties.

A social work personnel member shall not leave his/her service or not perform his/her duties in the relevant field for a total period of at least eight days without justifiable grounds.

Nevertheless, the Defendant left his service from June 4, 2019 to December 4, 2019, and went away from his service without good cause for at least eight days.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the accusation, a written investigation of a deviation from service, a written investigation of a deviation from service, and daily service conditions;

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

1. The fact that the period of secession from the reason of sentencing under Article 62(1) of the Criminal Act is considerably long shall be considered in light of the favorable circumstances, such as the fact that the period of secession from the reason of sentencing under Article 62(1) of the Criminal Act is considerably difficult.

In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.