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(영문) 서울남부지방법원 2017.09.01 2017고단2918

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 was absent without permission for the total of 14 days, including family problems, for the total of 14 days, from March 2, 2017, from March 3, 2017, from June to October of the same month, from the 13th day of the same month, from the 17th day of the same month, from the 20th day of the same month, and on the 21st day of the same month in Yangcheon-gu Seoul Metropolitan Government.

As such, the Defendant, as a social service personnel, retired from his service for at least eight days without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the accusation;

1. Application of Acts and subordinate statutes making a copy of daily service status;

1. Subparagraph 1 of Article 89-2 of the Military Service Act concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 62 (1)