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(영문) 창원지방법원 2017.05.10 2017고단653

병역법위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

The defendant is a social service worker who has worked in Seongbuk-gu B community service center in Changwon-si.

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

In such a situation, the Defendant, without justifiable grounds, left from his/her service for two days from November 17, 2016 to November 18, 2016, five days from November 21, 2016 to November 25, 2016, and eight days from the Defendant’s service place on December 26, 2016, including one day from November 21, 2016 to one day from November 26, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes governing daily service conditions;

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 (including reflectivity, motive and circumstance, and the fact that a person works in good faith);