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(영문) 대구지방법원 서부지원 2017.08.30 2017고단281

병역법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

From February 22, 2016, the Defendant is serving as social service personnel in Daegu Urban Railroad Corporation B from around February 2, 2016.

Although social service personnel have left their service or have not performed their duties in the relevant field for at least eight days in total without justifiable grounds, the Defendant left their service for at least eight days in total from December 12, 2016 to June 16 of the same month without justifiable grounds (five days) and from December 19, 2016 to December 21, 2016 to (three days).

Summary of Evidence

1. Statement by the defendant in court;

1. A written investigation into the escape from office C;

1. A daily service status register;

1. Application of the Acts and subordinate statutes on the written accusation;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 62 (1)