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(영문) 의정부지방법원 2013.07.12 2013고단1131

병역법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

As a public duty personnel, the Defendant was admitted to the Army Training Center on September 10, 2012, and discharged from the training course on October 4, 2012, and accordingly, he/she shall return to the “C Fire Fighting Force” located in B at Yangju-si from October 5, 2012 to the “C Fire Fighting Force” and shall not leave his/her service for at least eight days in total without justifiable grounds.

Nevertheless, from October 5, 2012 to April 1, 2013, the Defendant did not work at the C Fire Fighting Center without justifiable grounds.

Accordingly, the defendant, as a public interest service personnel, has deserted his service for at least eight days in total without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on the written accusation;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 200Do1489, Jun. 1, 2007; Supreme Court Decision 200Do1489, Jun. 2, 20