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(영문) 수원지방법원 안산지원 2016.05.31 2016고단844

병역법위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a person who is serving as a social service personnel at a children’s center in the region where Ansan Viewing and Viewing from January 24, 2014.

Social service personnel shall not leave their post, or shall not serve in the field concerned for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant was absent from office for nine days from December 1, 2015 to December 11, 2015, and was absent from office without permission on the 14th day of the same month, and was absent from office without permission on the 19th day of the same month, and was absent from office for nine days from the 21th day of the same month to the 31th day of the same month without permission.

As a result, the defendant left his service for at least eight days in total without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes, such as a written investigation of secession from service and a written reason for secession;

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act of the suspended sentence are against the defendant, the fact that there is a single fine, the period during which the defendant was deprived of his/her punishment, and all the conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, environment, and circumstances before and after the instant crime, shall be determined by taking into account the following factors.