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(영문) 광주지방법원 2014.10.21 2014고단3288

병역법위반

Text

A defendant shall be punished by imprisonment for 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

The defendant is a social work personnel working at the Gwangju Veterans Hospital in the high-end of Gwangju Mine-ro 90.

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

Nevertheless, the Defendant left his service for at least eight days from August 1, 2014 to August 4, 2014, from August 8, 2014, around August 11, 2014, around August 14, 2014, around August 18, 2014, around August 22, 2014, and between August 25, 2014 to August 26, 2014 without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Investigation report (attached documents following absence from office), investigation report (revision of the date of absence from office);

1. Application of the Acts and subordinate statutes of the Ministry of Land, Infrastructure and Transport to the Ministry of Land, Infrastructure and Transport;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant, without good cause, has deserted his service for a period exceeding 8 days (17 days in total), although the nature of the crime is less than that of the defendant, the defendant's mistake is divided and reflected, the defendant has no record of being punished for the same kind of crime, the defendant's current application for re-service, and the defendant's current status of applying for re-service has given the opportunity in the future, it is necessary to faithfully engage in social service, taking into account all other circumstances, including the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the sentence shall be determined as per the disposition, and the execution of the sentence shall be suspended.