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(영문) 서울중앙지방법원 2015.11.12 2015고단5076

병역법위반

Text

A defendant shall be punished by imprisonment for one year.

except that 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, on September 5, 2014, called Gangnam-gu Seoul Samsung-dong as a social work personnel member of the Gangnam-gu Fire Fighting Team and served in the Gangnam-gu Fire Fighting Team, temporarily suspended his/her service after obtaining approval for divided service from December 15, 2014 to June 14, 2015, and needs to serve in the Gangnam Fire Fighting Team again from June 15, 2015.

However, the Defendant did not attend the said Gangnam Fire Station on September 11, 2014, September 15, 2014; September 15, 2014; September 16, 2014; November 18, 2014; and November 19, 2014; and December 1, 2014; and December 2, 2014; and June 15, 2015.

Accordingly, the defendant, as a social work personnel, has deserted his service for at least eight days in total without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

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

1. Subparagraph 1 of Article 89-2 of the Military Service Act (Amended by Act No. 11849, Jun. 4, 2013) concerning criminal facts

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (the first offense and the service in good faith in the future, and other factors such as the Defendant’s age, character and conduct, family relationship, family environment, motive and means of the crime, circumstances after the crime, etc.) or more.