beta
(영문) 대전지방법원 2020.10.30 2020고단2759

병역법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On October 12, 2018, the Defendant was sentenced to six months of imprisonment with prison labor for special injury at the Daejeon District Court on April 11, 2019, and completed the execution of the sentence. On October 17, 2019, the same court sentenced six months of imprisonment with prison labor for a violation of the Military Service Act and completed the execution of the sentence on February 27, 2020.

The defendant was assigned to the Daejeon Seo-gu Hospital B and was serving as a social work personnel.

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

Nevertheless, at around 15:19 on April 16, 2020, the Defendant was suspended from service for 283 days from July 12, 2019 to April 19, 2020. The Defendant directly received “Notice of Service of Service of Service of the Period of Service from April 20, 2020 to September 1, 2021.” However, the Defendant did not work at the above C Hospital for a total of 10 days from April 20 to April 29, 2020, including two days from May 4, 2020 to May 6, 2020.

As a result, the defendant left his service for at least eight days in total without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Report on accusation and accusation against those who have retired from social work service, report on the reason that they have retired from service, investigation report on the fact that they have retired from service, and investigation report ( telephone communications with the father D of a suspect A);

1. On the basis of daily service records, observation and interview records, notices of re-service of the person who has suspended the service of social work personnel, notices of early re-service of the person who has suspended the service of social work personnel, certificates of receipt of service notice of remaining service period, and previous records indicated in a copy of case transmission records: Criminal records, investigation reports (verification of repeated crimes and attachment of criminal records of the same kind

1. The reason for sentencing Article 35 of the Criminal Act among repeated offenders under Article 88(1)2 of the pertinent Act regarding criminal facts is that the Defendant was sentenced to imprisonment with prison labor for six months on October 17, 2019 for the violation of the Military Service Act, and the Defendant did not comply with the notification of re-determination to social work personnel service during the period of repeated crime.