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(영문) 대전지방법원 2014.07.07 2014고단1564
병역법위반
Text

A defendant shall be punished by imprisonment for one year.

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

A public duty personnel member shall not leave his service or serve in the field concerned for a total period of not less than eight days without justifiable grounds.

Nevertheless, from July 23, 2007, the Defendant was absent from office for at least eight days in total without good cause by failing to work at the immediately preceding workplace for at least five days from August 31, 2009 to September 4, 2009, and from September 8, 2009 to September 11, 2009.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to report on a secession from service of public interest service personnel, accusation, work status list, and transfer to public interest service;

1. Subparagraph 1 of Article 89-2 of the former Military Service Act (amended by Act No. 9754 of Jun. 9, 2009) on criminal facts

1. In light of the fact that the defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act, committed a violation of the Military Service Act of the same kind, and committed the instant crime, even though he was found to have been sentenced to a suspended sentence, the criminal liability is heavy. However, in light of the fact that he/she voluntarily surrenders himself/herself, he/she is closely against the mistake, and that he/she is willing to faithfully perform the remaining military service in the future, a suspended sentence shall be sentenced in consideration of the circumstances.

It is so decided as per Disposition for the above reasons.

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