병역법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The gist of the grounds of appeal of this case is that the prosecution of this case is not effective until November 23, 201, when the defendant was absent from office without permission by a single doctor. Thus, the defendant was guilty of leaving office for at least eight days, and the judgment of the court below is erroneous in the misapprehension of the facts.
2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, the Prosecutor applied for the amendment of the indictment to the effect that “from November 2, 201 to September 9 of the same month” was “from November 2, 2011 to “from November 23, 2011 to the same month” as “from November 2, 2011 to 16 days,” respectively, and the subject of the judgment was changed by this court’s permission, and thus, the judgment of the court below was no longer maintained.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.
On the other hand, as the indictment is modified as above, the prosecutor's assertion of mistake of facts is not judged separately.
Punishment of the crime
A public duty personnel member shall not leave his service or shall not serve in the field concerned for at least eight days in total without justifiable grounds.
On September 24, 2009, the Defendant was called to supplemental service and provided postal service assistance at a veterinary post office located in the Suwon-dong 517, Suwon-dong, Suwon-gu, Suwon-gu, Suwon-si, and was absent from work for 16 days for ordinary hours without justifiable grounds from November 2, 201 to November 23, 201.
Summary of Evidence
1. The defendant's oral statement in court;
1. Application of Acts and subordinate statutes to an investigation report (a statement of suspect status and attachment to a daily service status table);
1. Subparagraph 1 of Article 89-2 of the former Military Service Act (wholly amended by Act No. 11849, Jun. 4, 2013) on criminal facts
1. Suspension of execution;