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(영문) 대구지방법원 포항지원 2021.03.03 2020고단191

병역법위반

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Social service personnel, art or sports personnel, or substitute service personnel shall not leave or serve in the relevant field for at least eight days in total without justifiable grounds.

From January 29, 2018, the Defendant was serving as “social service personnel” in the Nam-gu Office B of the Nam-gu Office of the Republic of Korea from July 23, 2019 to July 26, 2019, (4) August 2, 2019, (1) August 5, 2019 to August 6, 2019, (2) and (1) January 15, 2020, respectively, absent from work without justifiable grounds.

Summary of Evidence

1. A written statement under C of the police interrogation protocol concerning the accused;

1. The accusation, the investigation report on multiple situations, the investigation report on the escape from service on January 15, 2020, and the investigation report on the escape from service, each warning note, the list of supplemental service records, the investigation report on the escape from service (Submission of investigation report on the escape from service), the investigation report on escape from service

1. The application of the Act and subordinate statutes to inquiries, such as criminal history;

1. The crime of this case on the ground of sentencing under Article 89-2 subparagraph 1 of the Article 89-2 of the Military Service Act on criminal facts is not committed because the defendant, who replaces the duty of military service as a social service personnel, was absent without any particular reason, is not guilty, and he will receive the bill of indictment on the trial date.

Considering the fact that the telephone number was changed and that the defendant escaped without being tried, the criminal liability of the defendant is not against the law.

However, the defendant has no record of criminal punishment, and the defendant's age, sex, environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime, shall be determined as the text.