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(영문) 수원지방법원 성남지원 2014.05.21 2014고단602

병역법위반

Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

Public duty personnel shall not leave their service or fail to serve in the relevant field for at least eight days in total without justifiable grounds.

For three days from September 6, 2013 to September 10, 2013, the Defendant was serving as public interest service personnel at the Sungnam-gu Damp 4 Dong community service center, the Defendant did not work at the above community service center without justifiable grounds for three days from January 1, 2013, January 27, 2014, January 29, 2014, January 1, 2014, and February 20, 2014 to February 24, 2014.

Accordingly, the defendant, without justifiable reasons, deserted his service for not less than 8 days in total.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. A written accusation;

1. A report on a secession from the service or transfer to the public duty personnel service; and

1. Application of Acts and subordinate statutes to investigation reports (Attachment to daily service records);

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

1. Article 62 (1) of the Criminal Act (including the fact that there is no particular criminal history against the defendant, and that the defendant faithfully completes his/her service);