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(영문) 대구지방법원안동지원 2020.11.17 2020고단455

병역법위반

Text

A defendant shall be punished by imprisonment for four months.

However, 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

The defendant is a person who serves as a social work personnel at C University B located in Ansan-si.

1. A social work personnel who has resigned from service for at least eight days shall not desert from service for at least eight days in total without justifiable grounds;

Nevertheless, the Defendant did not work at C University on June 4, 2019, from that time until May 4, 2020, from that time, from that time, the Defendant did not work at C University more than eight times in total, such as the Act No. 2, 4, 5, 8, 11, 13, 16, and 18.

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

2. No social work personnel who are subject to warning disposition shall be subject to the disposition of at least eight times in total, including those who attend work after daily start working hours, leave from work without permission, or leave work place without justifiable grounds.

Nevertheless, on May 23, 2019, the Defendant was given a warning of 9 times in total due to the attendance at C University after the start of work on the ground of late locking at C University from that time until May 4, 2020, including the Defendant’s receipt of a warning from that time to May 4, 2020.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of breach of duty;

1. Application of Acts and subordinate statutes to a charge, a survey report on the status of service, and a fact-finding report;

1. Subparagraph 1 of Article 89-2 of the relevant Act on Criminal facts (the point of leaving his/her office) and subparagraph 2 of Article 89-3 and Article 33 (2) 5 of the Military Service Act (the point of leaving his/her office in breach of duty);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Considering that the defendant reflects the wrongness and that the defendant is the first offender who has no record of criminal punishment);