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(영문) 수원지방법원 안산지원 2019.08.13 2018고단4347

병역법위반등

Text

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

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

Reasons

Punishment of the crime

The defendant of "2018 Highest 4347" is the support for the safety society of the viewing and social work personnel belonging to the Ministry of Health and Welfare.

A social work personnel member shall not leave his office or not serve in the field concerned for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant did not work for five days from August 27, 2018 to March 31 of the same month, for two days from Sep. 11, 2018, from Oct. 1, 2018 to Oct. 2 of the same month, for three days from Oct. 1, 2018 to Oct. 8, 2018, for three days from Oct. 4 of the same month to Oct. 2, 2018, for three days from Oct. 1, 2018, and for 11 days from the place of work to

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

"2019 Highest 977"

1. On July 30, 2018, the Defendant: (a) around 19:45 on July 30, 2018, the Defendant: (b) provided a gasoline in the victim D gas station in Seocheon-si, E lost; (c) one credit card was lost; and (d) presented to the employees of the said gas station, whose name is unknown and who are deemed to have been the legitimate right holder; and (d) paid the above amount of de facto gasoline equivalent to KRW 108,00 by the credit

2. The Defendant violated the Specialized Credit Financial Business Act, one of the foregoing E lost at the location described in the preceding paragraph, but used the credit card.

Summary of Evidence

"2018 Highest 4347"

1. Legal statement of witness F;

1. Each prosecutor's office and police statement concerning F;

1. The head of each warning book, a fact-finding report on a deviation from service, a statement of a deviation from service, and a daily service situation register "2019 High-class97";

1. Partial statement of the defendant;

1. E statements;

1. Investigation report (report on the hearing of G telephone from persons for reference);

1. Application of Acts and subordinate statutes to report internal accidents;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 89-2 of the Military Service Act (the point of escape from service), Article 347 (1) of the Criminal Act (Fraud, Selection of Imprisonment), Article 70 (1) 3 of the Specialized Credit Financial Business Act (the point of use of lost credit card, and Selection of Imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act: