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(영문) 의정부지방법원 고양지원 2016.12.08 2016고단3088

병역법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

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

Nevertheless, the Defendant called up as a social work personnel member of Gyeyang-gu Office B around March 27, 2014, and left from office for at least eight days without justifiable grounds, including on August 18, 2014; on August 28, 2014; on October 29, 2015; on October 30, 2015; on November 2, 2015; on November 3, 2015; on September 4, 2015; on September 2, 2016; on September 5, 2016; on September 6, 2016; and on September 7, 2016, the Defendant left office without permission for at least eight days.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A written accusation;

1. 복무이탈사실조사서, 복무의무위반 경위서, 복무이탈 경위서 등, 복무이탈 사�복무요원 고발에 따른 추가통보, 복무이탈사실조사서 법령의 적용

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

1. The reasons for the suspended sentence under Article 62(1) of the Criminal Act are against the defendant, and the sentence shall be determined like the order, taking into consideration the following: (a) the fact that there is no record of criminal punishment except for the punishment imposed once as a fine for a crime committed by this type of crime; (b) some of the circumstances may be taken into account; and (c)