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(영문) 광주지방법원 2015.07.23 2015고단1628

병역법위반

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

Social work personnel shall not leave their office or fail to serve in the relevant field for at least eight days in total without justifiable grounds.

Nevertheless, on March 19, 2015, the Defendant was assigned to and served as a social work personnel at the Do community service center in Gwangju Northern-gu, Gwangju, as of March 19, 2015, for two days from March 26, 2015 to March 27, 2015, and for two years from March 30, 2015.

4. Until March 5, 2015, for at least eight (8) days in total without justifiable grounds, including for the period of April 1, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A written accusation;

1. Application of Acts and subordinate statutes to a written investigation of secession from service;

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

1. The sentencing of Article 62(1) of the Criminal Act is to be determined in full view of the following: (a) the Defendant does not have a criminal record for the same offense; and (b) the Defendant’s age, character and conduct, environment, motive and background of the offense; and (c) the circumstances constituting the conditions for sentencing as shown in the pleadings of the instant case, including