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(영문) 수원지방법원 2019.01.10 2018고단6164
병역법위반
Text

A defendant shall be punished by imprisonment for not less than eight 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

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

Nevertheless, the Defendant left service for at least eight days in the manner of failing to work without any justifiable reason from September 1, 2017 to June 15, 2018 at “C”, which is a social work personnel service facility located in Yongsan-si District B where he was ordered to work as a social work personnel.

Summary of Evidence

1. Defendant's legal statement;

1. An accusation issued in the tolerance market;

1. Application of the Acts and subordinate statutes of the Ministry of Labor to a fact-finding report on a secession from service;

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

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act that is favorable to the defendant: A prolonged deprivation of service; a long period of time is away; a normal condition favorable to the defendant is recognized; and a sincere reflects the fact that he/she faithfully served after June 16, 2018. There is no record of criminal punishment. Comprehensively, the sentencing conditions stipulated in Article 51 of the Criminal Act are all other matters.

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