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(영문) 서울남부지방법원 2016.06.21 2016고단1634

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a public duty personnel who served in the Gu office B of Seoul Gangseo-gu.

No public interest service personnel shall leave their service or fail to serve in the relevant field for a total period of at least eight days without justifiable grounds.

Nevertheless, the Defendant left his workplace for 11 days from November 5, 2015 to March 25, 2016 without good cause.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. Application of Acts and subordinate statutes, such as a written charge, a written investigation of facts of secession from service, a statement of records of supplementary service, a statement of reason of secession from service, and a report of secession from service

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

1. Grounds for sentencing under Article 62(1) of the Criminal Act (The following conditions favorable to the reasons for sentencing)

1. The scope of applicable sentences under law: Imprisonment for one month to three years; and

2. Determination of sentence: Imprisonment with prison labor for six months, one year of suspended sentence (any favorable circumstances) reflect on the principle of good faith, and one year of suspended sentence; and

(1) A person who is not subject to criminal punishment shall be free from service due to late dump, drinking, etc.