(영문) 서울북부지방법원 2017.08.23 2017고단2438



A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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


Punishment of the crime

Upon receipt of an order to serve as a social service personnel, the Defendant was absent from service for at least eight days in total without justifiable grounds, due to the Defendant’s failure to attend the above workplace on account of each health problem, etc. from March 11, 2016 to March 21, 2016, and from April 8, 2016 to April 15, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Each accusation;

1. Application of Acts and subordinate statutes to a written investigation of secession from service;

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

1. The sentencing of Article 62(1) of the Criminal Act for the reason of sentencing under Article 62(1) of the suspended sentence is based on the following factors: The sentencing conditions under Article 51 of the Criminal Act, including the fact that there are grounds for considering the crime of this case; the fact that the defendant has records of the same kind of punishment; the fact that the defendant voluntarily surrenders himself; the remaining service period; and the remaining service period; and