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(영문) 서울서부지방법원 2017.05.31 2017고단669

병역법위반

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant is a person called for social service personnel on July 9, 2015 and currently serving in Eunpyeong-gu Seoul Metropolitan Government C.

Despite the fact that social service personnel have not deserted their service for at least eight days in total without justifiable grounds, the Defendant retired from their service without justifiable grounds for a total of ten days. < Amended by Presidential Decree No. 26902, Feb. 22, 2016; Presidential Decree No. 26920, Feb. 23, 2016; Presidential Decree No. 27488, Aug. 5, 2016; Presidential Decree No. 27475, Aug. 8, 2016; Presidential Decree No. 27520, Sep. 22, 2016; Presidential Decree No. 27790, Jan. 17, 2017; Presidential Decree No. 2

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes to the accusation, a written statement of escape from service, and daily service conditions;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., reflectiveness, motive and background, faithfully served, the fact that service is performed, the simple period of service remains);