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(영문) 서울서부지방법원 2014.02.12 2013고단707
병역법위반
Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2.Provided, That the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

[Criminal Power] On February 1, 2012, the Defendant was sentenced to a suspended sentence of six months at the Seoul Western District Court for violating the Military Service Act, and the judgment became final and conclusive on February 9, 2012.

【Criminal Facts】

Social work personnel (public duty personnel) shall not break away from their service or serve in the relevant field for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant, while serving as a social work personnel member in the Bupyeong-gu Seoul Metropolitan Government Office C on February 20, 2012, was absent from work without justifiable cause, from that time to February 29, 2012, and did not leave or serve for a total period of eight days from that time without justifiable cause.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A complaint against a person who has resigned from unauthorized service, a copy of the daily service situation register, a statement on a escape from service, and a statement on a escape from service;

1. Records before judgment: Application of criminal records, etc. and Acts and subordinate statutes;

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

1. Suspension of execution: The sentencing conditions prescribed in Article 51 of the Criminal Act, such as the fact that the accused is divided into his errors and that he will faithfully serve in the future, shall be determined like the order, by taking the maximum consideration of the conditions of sentencing prescribed in Article 51 of the Criminal Act;

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