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(영문) 서울북부지방법원 2016.05.26 2016고단766
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant, as a social service personnel belonging to the National Rehabilitation Center located in the Gangseo-gu Seoul Metropolitan City, Gangnam-gu, 58, was in charge of patient relief assistance.

Social service personnel shall not leave their post or serve in the relevant field for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant, while serving as a social service personnel, was from January 4, 2016 to August 8 (5).

1.12. (1)

1. 27. Above 28. (2)

2.1.1. Above 2. (2)

2.4.-5. (2)

2. 11. Above 12. (2)

2. From 16. to 18. (3 days) A total of 17 days did not work without justifiable reasons.

Accordingly, the defendant, as a social service personnel, has deserted his service for at least eight days in total without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes to a written investigation of secession from service;

1. Subparagraph 1 of Article 89-2 of the Military Service Act concerning facts constituting an offense;

1. The grounds for sentencing under Article 62(1) of the Criminal Act of the suspended sentence include the following circumstances: (a) the Defendant’s primary offender who has no record of criminal punishment; and (b) the Defendant’s primary offender who has no record of criminal punishment; and (c) other conditions of sentencing as indicated in the record, such as the Defendant’s age, occupation, sex, family relationship, and circumstances before and after the crime, shall be determined by taking into account

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