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(영문) 창원지방법원 2013.09.13 2013고단1872

병역법위반

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 16, 2012, the Defendant is one of the public interest service personnel serving as public interest service personnel after being placed in C Welfare Center B located in the window of Changwon-si.

1. Public duty personnel shall not be subject to warning at least eight times in total, including those who attend work after work start hours, leave from work without permission, or leave work place without justifiable grounds;

Nevertheless, the Defendant was given warning at least eight times on September 14, 2012; March 21, 2013; March 22, 2013; May 28, 2013; and May 30, 2013; and May 31, 2013; and on June 4, 2013, the Defendant delayed attendance at work or early retirement without permission; or drafted a written statement of violation of the duty of service without good cause. < Amended by Act No. 11845, May 31, 2013; Act No. 11849, Jun. 4, 2013>

2. Notwithstanding that he/she shall not leave his/her military service for at least eight days in total without justifiable grounds, the Defendant left his/her military service for at least eight days on the ground that he/she fails to attend the military service for at least eight days during the period from January 8, 2013 to January 9, 2013; from March 14, 2013 to March 20, 2013; and from March 12, 2013; and from March 12, 2013; and from June 17, 2013 to June 9, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Each accusation (including attached documents);

1. Application of Acts and subordinate statutes on investigation reporting;

1. Subparagraph 2 of Article 89-3 of the relevant Act on Criminal facts (the point of attendance at work after the start of work) and subparagraph 1 of Article 89-2 of the Military Service Act (the point of absence from service);

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. The reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter the reasons for sentencing) include: (a) the fact that the defendant has no record of being punished for the same kind of crime in the past; and (b) the fact that the defendant will faithfully perform his remaining duties; and (c) the circumstances, means, methods and results of the crime; and (d)