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(영문) 광주지방법원 2013.09.06 2013고단2262

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 is one of the public interest service personnel serving at the Dental Care Center located in Gwangju Mine-gu C.

No public duty personnel shall desert away from their service or serve in the relevant field for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant, for two days from January 12, 2012 to March 13, 2012, for three days from January 25, 2012 to February 27, 2012, for two days from January 30 to January 31, 2012, and for eight days from April 23, 2013 without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

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

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

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act (including the fact that the defendant is going to serve as a public duty personnel in the future, that there is no record of criminal punishment against the defendant, and that the defendant is going to serve as a preference against the defendant