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(영문) 광주지방법원 순천지원 2019.03.21 2018고단2502

병역법위반

Text

A defendant shall be punished by imprisonment for six months.

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 belonging to the Jeonsung District Office of Education and worked at C elementary school located in Chungcheongnam-gun B.

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

Nevertheless, the Defendant, from October 23, 2017 to October 31, 2017, left service for at least eight (8) days in total due to the Defendant’s failure to attend the above school from July 30, 2018 to August 1, 2018 without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Requesting an accusation against the removal of social work personnel from office of education without permission;

1. Application of the Acts and subordinate statutes of the Ministry of Health and Welfare to each of the following items: A fact-finding report on a breach of duty in the first service, a report on a breach of duty in the second service, a report on a breach of duty in the second service, a report on

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

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the criminal liability for the crime of this case in which the defendant, who has to perform his duty of military service as social work personnel, has to be discharged without permission, is not weak.

However, considering the favorable circumstances, such as the defendant's age, character and conduct, family environment, motive for committing a crime, circumstances after committing a crime, etc., the punishment as ordered shall be determined by taking into account the following factors: (a) the defendant's wrong and reflects the defendant's wrong, (b) his/her service in the future, (c) he/she has no record of heavy criminal punishment exceeding the fine; and (d)