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(영문) 서울북부지방법원 2018.11.29 2018고단4385

병역법위반

Text

A defendant shall be punished by imprisonment for four 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

From May 24, 2016 to May 24, 2016, the Defendant is social service personnel engaging in disaster safety management support duties in Seoul Metropolitan Transport Corporation C Station located in Gangnam-gu Seoul Metropolitan Government.

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

Nevertheless, the Defendant, on December 1, 2016, on May 12, 2018, from June 14, 2018 to June 16, 2018, from June 14, 2018, from June 25, 2018 to June 26, 2018, and from September 2, 2018, was absent from service for eight days in total, because the Defendant did not work in the said C Station without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. A report on the fact of secession from each service and a statement on the reason of secession from each service;

1. Application of the Act and subordinate statutes to hear statements by telephone staff of the Seoul Transportation Corporation;

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

1. Article 62(1) of the Act on the Suspension of Execution does not relax the content of a crime that has escaped from his service without justifiable grounds, but is against the recognition of and against the defendant. Since the instant case, the fact that the defendant is serving as a social service personnel in good faith after the instant case, the defendant's age, sexual conduct, motive and means of a crime, circumstances after a crime, etc. are considered, and the punishment is determined as ordered in light of all the records of the instant case and various conditions of sentencing as shown in the trial process.