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(영문) 서울중앙지방법원 2020.10.08 2020고단3713
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 who work in Dongjak-gu Seoul Metropolitan Government C.

A social work personnel member shall not leave his post or perform his duties in the relevant field for a total period of eight days or more without justifiable grounds.

Nevertheless, the defendant on January 30, 2020 from February 14, 2020 to March 3, 2020

3. On March 16, 2020, from March 16, 2020 to April 1, 2020, the Defendant’s work place was abandoned for a total of 20 days without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Written accusation under the name of Chapter C;

1. Application of Acts and subordinate statutes, such as a statement of escape from service, a fact-finding report or certified copy of the resident registration;

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

1. The reason for sentencing of Article 62(1) of the Criminal Act Article 62(1) of the suspended sentence is that the defendant has escaped from the field of social service for at least eight days.

However, the fact that the defendant is the first offender, the whole time of and reflects on the crime, and faithfully serves, and the defendant's age, character and conduct, environment, motive and result of the crime, etc. shall be determined by taking into account the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the circumstances after the crime.

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