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(영문) 춘천지방법원 속초지원 2013.06.05 2013고단85

병역법위반

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From November 2010, the Defendant is dispatched to the “E Medical Care Center for the Aged” which is a senior welfare facility located at the early time D as a female female family member and affiliated public service personnel from around the beginning of November 2010, and is in charge of environmental aesthetic work, etc.

On June 8, 2011, the Defendant sent a text message to the supervisor of the work to use sick leave, and was absent from work without permission for five days on the ground that he/she was absent from work without permission for one day from the medical care center for the above elderly, from the 13th to the 17th day of the same month, and absent from work without permission for five days on November 23, 201, and absent from work without permission for one day on November 23, 201, and sent a text message to the supervisor of the work on February 14, 2013, without permission for one day.

As such, the Defendant left his service for eight days in total without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F and G;

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

1. Determination as to the assertion of the defendant and his defense counsel under Article 89-2 subparagraph 1 of the pertinent Article on criminal facts

1. The summary of the argument is that the Defendant, when his body was unable to work at Ampha on June 8, 201 and he was forced to leave from work after demanding the F, a person in charge of public duty service of the E Elderly, to take sick leave, and then he was inevitably absent from work. Therefore, there is justifiable reason to leave work. On February 14, 2013, the Defendant appeared to work before the morning and returned to the medical care center without permission, and there is no absence from work without permission, and the Defendant should be pronounced innocent.

2. Determination

A. We examine whether there is a justifiable reason for absence from work without permission on June 8, 2011, and examine the aforementioned evidence and the following circumstances recognized based on the records of this case. In other words, if the defendant is unable to work as a public interest service personnel due to a disease, etc., if the defendant cannot work as a public interest service personnel later.