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(영문) 의정부지방법원고양지원 2020.11.05 2019고단3459

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

The defendant is a person who has served as a social work personnel member in C in the case of Pakistan.

No one shall receive warning disposition of social work personnel at least eight times due to his/her attendance after work start hours, early retirement from work place without permission, or leaving work place without justifiable grounds.

Nevertheless, on October 22, 2019; October 23, 2019; October 28, 2019; October 1, 2019; November 1, 2019; November 5, 2019; November 6, 2019; November 7, 2019; November 8, 2019; and November 11, 2019; and November 12, 2019; and violated the duty of service upon receiving a warning of 11 times on the said place of work without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each written accusation to the head of the office of education having jurisdiction over the Gyeonggi-do Pakistan District Office of Education, a written investigation of escape from service, and a warning;

1. Subparagraph 2 of Article 89-3 and Article 33(2)5 of the former Military Service Act (Amended by Act No. 16852, Dec. 31, 2019) on criminal facts

1. Article 62(1) of the Act on the Suspension of Execution (it is not good that the following circumstances are taken into account. In other words, the Defendant’s failure to perform his/her duty in good faith and is against his/her mistake. There has been no criminal force against the Defendant. There has been considerable room for rehabilitation and wife as the young age.)