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(영문) 서울중앙지방법원 2021.01.29 2020고단6460

병역법위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is CD and general administrative support personnel in Gwanak-gu in Seoul Special Metropolitan City.

Social service personnel shall not leave their service for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant, on June 26, 2020, from July 6, 2020 to July 10, 2020, from July 17, 2020; from July 20, 2020 to July 24, 2020; from July 20, 2020 to July 31, 2020; from July 27, 2020 to July 31, 2020; and from August 3, 2020 to August 31, 20 without justifiable reasons, abandoned from service for at least eight days in total.

Summary of Evidence

1. Statement by the defendant in court;

1. The filing of an accusation, a written accusation against any offender of the Military Service Act, a report on the reason of his/her renunciation of service, a fact-finding report on his/her renunciation of service, and the application of statutes attached to

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

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution is that the Defendant, as a social service personnel, faithfully performs his duty of military service, and despite the awareness of the staff members of the service institutions to which he belongs, has left his service for not less than eight days without justifiable grounds, and the nature of the crime is not weak

However, the defendant's error is recognized and the defendant's service is faithfully in the future.

The defendant has no criminal history of the same kind of crime, and is sentenced to a fine once for a crime of this kind.

In addition, the sentencing conditions recorded in the records, such as the defendant's age, occupation, sex, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime, shall be determined as the sentence as ordered.