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(영문) 서울동부지방법원 2014.01.22 2013고단3167
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a public duty member working for the Agricultural and Fishery Food Corporation in Songpa-gu Seoul Metropolitan Government 600, Songpa-gu, Songpa-gu.

Public interest service personnel shall not leave their service or serve in the field concerned for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant did not work for two days from January 31, 2012 to February 1, 2012, for one day from July 15, 2013, for two days from August 6, 2013 to August 7, 2013, for one day from September 6, 2013, for one day from September 6, 2013, and for two days from September 9, 2013 to September 10, 2013, for eight days without any justifiable reason.

As a result, the defendant left his service for 8 days in total without justifiable reasons.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written accusation;

1. Application of the Acts and subordinate statutes of the service record table to a written report on the escape from service, a written investigation of such escape from service, a daily service situation register and supplemental service

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

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (i.e., the fact that the defendant has completed his service as a public duty personnel after his renunciation of the service in this case, reflects his mistake, and has no record of being sentenced to suspension of qualifications or a heavier punishment);

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