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(영문) 광주지방법원순천지원 2020.11.27 2020고단587

병역법위반

Text

A defendant shall be punished by imprisonment for not less than one year and six 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

No defendant shall desert away from his/her service or serve in his/her field concerned for a period of at least eight days in total without justifiable grounds as a social work personnel member who has worked in his/her mining nurture B.

Nevertheless, the Defendant left his service for a total period of not less than eight days, including four days from December 30, 2019 to January 3, 2020, and four days from January 7, 2020 to January 10, 2020, without good cause.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of escape from service;

1. A written investigation of a breach of service;

1. Application of the Acts and subordinate statutes on the written accusation;

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

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

1. On July 6, 2018, the Defendant on the grounds of sentencing under Article 62-2 of the Criminal Act for probation and community service order was sentenced to one year of imprisonment due to a violation of the Military Service Act due to enlistment evasion in the Gwangju District Court’s net support, and one year of suspended execution, and two years of suspended execution, which became final and conclusive on July 14, 2018 and became final and conclusive on July 14, 2018, leaving from service as a social work personnel without being aware of the fact that the Defendant was aware that he was able to commit other crimes

However, the execution of punishment shall be suspended only once in consideration of the fact that the defendant's wrong recognition and reflects the fact that he/she faithfully serves as social work personnel, the reason why he/she deserts his/her social work personnel service, the age, environment, etc., but probation shall be added to prevent recidivism