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(영문) 대구지방법원 2019.02.21 2018고단5270

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 is a social work personnel member belonging to the Sung-gu Office B in Daegu Suwon-gu.

Social work personnel shall not desert from their service for at least eight days in total without justifiable grounds.

Nevertheless, the defendant from July 1, 2014.

7. By December 22, 200, the above Gu office did not work without good cause and did not leave the office for at least eight days.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of Acts and subordinate statutes to the accusation, a written investigation of a deviation from service, and the daily service situation department;

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 in the suspension of execution is that the defendant left his service for a considerable period of time, such as from the beginning of his service as a social work personnel on the ground of his livelihood, etc., and thereafter he does not contact with him for a considerable period of time.

However, the fact that the defendant recognizes the crime of this case and reflects the depth of the crime of this case, the fact that there is no other force of punishment than once a fine so far, and the remaining social service duty is fulfilled. The defendant's age, character and behavior, environment, family relationship, circumstances before and after the crime of this case, etc. shall be determined as the same as the disposition in consideration of the punishment.