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(영문) 창원지방법원 마산지원 2017.12.15 2017고단1139
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 becomes final and conclusive.

Reasons

Punishment of the crime

From July 3, 2017, the Defendant is a social service worker who performs the duty of supporting the operation of social welfare facilities in C in the members B and II of the Changwon-si, Changwon-si.

1. Although social service personnel have not deserted their service for at least eight days in total without justifiable grounds, the Defendant, from August 28, 2017 to October 16, 2017, left their service for at least eight (8) days in total due to the Defendant’s failure to attend work without justifiable grounds as shown in Appendix I, as shown in Appendix I.

2. Despite the fact that social service personnel did not receive a warning of at least eight times in total due to the attendance after the start of work without justifiable grounds, early leaving work without permission, or leaving work place, the Defendant received a warning of at least eight times in total, including the attendance at around 13:30 hours after the start of work on August 31, 2017 and the warning was issued until October 13, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each accusation;

1. A written statement on the reason of secession from service and a fact-finding report on secession from service;

1. Application of Acts and subordinate statutes to a survey report on the status of service, a warning letter, and a statement of non-performance of duties;

1. Subparagraph 1 of Article 89-2 of the relevant Act on criminal facts (a point of leaving office by social service personnel, etc.) and subparagraph 2 of Article 89-3 and Article 33 (2) 5 of the Military Service Act (a point of violation of duties by social service personnel, etc.);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The grounds for sentencing under Article 62(1) of the Criminal Act under Article 62(1) of the suspended sentence include the fact that the defendant mistakenly recognizes and reflects the sentencing, the fact that there are no other criminal records other than the one-time fine, and the defendant's age, circumstances of the crime, family relationship, etc. shall be determined

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