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(영문) 서울북부지방법원 2015.10.01 2015고단2653

병역법위반

Text

A defendant shall be punished by imprisonment for six 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 social work personnel who work for Seongbuk-gu Seoul Metropolitan Government Bomunro 168 in Seongbuk-gu Office C.

No social work personnel shall desert from his service for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant did not work for each of the following reasons: (a) from August 27, 2014 to February 29, 2015; (b) February 11, 2015 to February 13, 2015; (c) March 13, 2015 to March 16, 2015 to August 18, 2015; (d) April 8, 2015 to April 13, 2015; and (e) May 26, 2015 to May 26, 2015 without good cause.

Accordingly, the defendant, for a total period of not less than eight days, has deserted from service without justifiable reasons.

Summary of Evidence

1. Defendant's legal statement;

1. Accusation from service of the head of gender department to social work personnel members;

1. Taking additional measures concerning accusation against social work personnel who escape from service of the head of Seongbuk-gu;

1. Application of Acts and subordinate statutes (No. 3 and 5 No. 5 of the evidence list) to a fact that the service of D has been evaded;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences by law: Imprisonment for not more than three years;

2. Scope of recommendations based on the sentencing criteria: Offenses for which the sentencing criteria are not set.

3. The sentence shall be determined like the order, taking into consideration the overall circumstances shown in the pleadings of this case, such as the defendant's age, health status, family relationship, inclination, etc., by which the defendant in the decision of sentence is deeply divided and reflected in his/her criminal act, his/her service in good faith in the future.