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(영문) 수원지방법원 성남지원 2019.02.20 2018고단2821

병역법위반

Text

A defendant shall be punished by imprisonment with prison labor 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 working for the C Center (Temporary Agency for Home Service Workers) located in the Hanam-si.

A social work personnel shall not be issued a warning at least eight times due to attendance at work after daily start hours, early retirement from work place without permission, or leaving work place without any justifiable reason.

Nevertheless, from August 5, 2016 to August 31, 2018, the Defendant violated the duty of service by receiving eight warnings from the above workplace on eight occasions due to unauthorized transfer, and unauthorized early retirement.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes, including a written investigation on the status of service, a warning, and details of violations;

1. Subparagraph 2 of Article 89-3 and Article 33 (2) 5 of the Military Service Act concerning facts constituting an offense;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Prosecutor’s opinion - Four months of imprisonment;

2. Determination of sentence - Four months of imprisonment, one year of suspended sentence, the fact that the defendant served in good faith after the instant case, the defendant did not have the same kind of power, and the defendant's age, character and conduct, environment, motive, means and consequence of the instant crime, etc., and the various sentencing conditions specified in Article 51 of the Criminal Act, such as the circumstances after the instant crime, shall be determined and the execution of the sentence shall be suspended.