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(영문) 수원지방법원 2015.01.23 2014고단6432

병역법위반

Text

The defendant shall be innocent.

Reasons

1. The gist of the facts charged shall not leave his service, or shall not serve in the field concerned for at least eight days in total without justifiable grounds;

On September 24, 2009, the Defendant: (a) was called to supplemental service; (b) was absent from the post office in Suwon-dong 517, Suwon-dong, Suwon-gu; and (c) was absent from the post office without justifiable cause for at least eight (8) days on November 2, 201 to September 9 of the same month; and (d) was absent from the post office without justifiable cause.

2. The record of this case reveals that the Defendant was absent from office without permission during the period from November 2, 201 to September 9 of the same month, which includes Saturdays ( November 5, 201) and Sundays ( November 6, 2011) during the period from November 2, 2011, and there is no evidence to deem that the Defendant had a legal obligation to attend the said Saturdays and Sundays, the date of actual absence from office is only six days.

3. In conclusion, the facts charged in this case constitute a case where there is no proof of crime, and thus, acquitted under the latter part of Article 325 of the Criminal Procedure