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(영문) 서울남부지방법원 2020.10.08 2020고단4120

병역법위반

Text

A defendant shall be punished by imprisonment for six 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 shall be the social work personnel working in the C Public Health Center in Seoul, and the social work personnel shall not leave their office for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant did not work at the above C Sanitary Health Center and each of the above C Sanitary Health Center from July 6, 2020 to July 8, 2020 (3 days), from July 10, 2020 to July 15, 2020 (3 days), from July 13, 2020 to July 28, 2020, from July 29, 2020 to July 29, 2020.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes, including a written investigation of secession from service and a statement of secession from service;

1. Subparagraph 1 of Article 89-2 of the Military Service Act concerning criminal facts;

1. The grounds for sentencing under Article 62(1) of the Criminal Act, including the following circumstances, are to be taken into account: (a) the Defendant’s age, character and conduct, intelligence and environment; (b) motive, means and consequence of the commission of the crime; and (c) the conditions for all the sentencing prescribed in Article 51 of the Criminal Act, such as the circumstances after the commission of the crime, shall be taken into

In light of the circumstances that the failure to properly perform the duty of military service, which is a new duty of the people, is highly likely to be subject to criticism: It is so decided as per Disposition on the grounds that there is no previous conviction for the same kind of crime, and that even though the duty has been performed in a relatively sincere manner, it seems that the performance of the duty of military service overlaps with the depression and depression, and that the mistake is divided in depth and is completing the duty in good faith in the future.