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(영문) 수원지방법원 2020.01.10 2019고단5719

병역법위반

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Social work personnel shall not leave their office or perform their duties in the relevant field for at least eight days in total without justifiable grounds.

The defendant, who was called from March 3, 2003 to social work personnel of the village B from August 11, 2004, was suspended from service since August 11, 2004, and thereafter, the remaining service days should be re-service as social work personnel, but he did not re-service due to unknown whereabouts, etc.

Since then, around June 12, 2019, the Defendant received a notice of re-service to re-service in the area concerned from 09:00 on June 26, 2019, the Defendant did not serve in the relevant field for at least eight (8) days from June 26, 2019, even though he/she received the notice of re-service directly from 09:0 to 5, June 26, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the accusation, accusation, statement of accuser, statement of withdrawal from service, statement of service period, notification of service period, and details of service;

1. Subparagraph 1 of Article 89-2 of the relevant Act on criminal facts;

1. The crime of this case, who deserts from service as a social work personnel on the grounds of sentencing under Article 62(1) of the Criminal Act, requires a corresponding punishment in view of the equality with other people who faithfully perform the duty of military service.

However, it is against the defendant's time of committing the crime.

There is no record of punishment for the same kind of crime.

In other words, it is necessary to return to social work personnel and perform their duties faithfully.

Other circumstances, such as the age, character and conduct, environment, growth process, family relationship, circumstances after the crime, etc. of the defendant, shall be determined as per the order.