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(영문) 서울서부지방법원 2020.06.10 2020고단250
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a social work personnel member serving under the jurisdiction of Yongsan-gu Seoul Metropolitan Government.

Social work personnel shall not desert from their service for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant, on October 1, 2019, was absent from work without any justifiable reason for nine days in total, such as the list of crimes in the attached Form, and was absent from work for nine days before December 3, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to a report on a breach of service duty and a report on breach of duty;

1. On September 20, 2018, the Defendant, on the grounds of sentencing under Article 89-2 subparag. 1 of the relevant Act on criminal facts, was sentenced to imprisonment for eight months or more with prison labor in the Seoul Central District Court for fraud, etc., and was sentenced to two years of suspended execution on September 28, 2018, which became final and conclusive on September 28, 2018.

Article 89-2 subparagraph 1 of the Military Service Act, which applies to the defendant's judgment, provides only imprisonment, so it is inevitable to sentence the defendant.

The punishment shall be determined as ordered in consideration of all kinds of sentencing conditions, such as the age, character, conduct and environment of the accused.

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