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(영문) 수원지방법원 2020.06.12 2020고단1066
병역법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a social work personnel belonging to the C Center located in the population B in Young-si.

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

Nevertheless, the Defendant, on October 24, 2019; October 25, 2019; October 28, 2019; October 14, 2019; November 14, 2019; December 5, 2019; December 6, 2019; December 9, 2019; and December 26, 2019; and thereafter, deserted from his/her service without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to public officials in charge of filing complaints against the draftD, and records of the renunciation of service in the draft E;

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

1. The defendant, with the reason of sentencing under Article 62 (1) of the Act on the Suspension of Execution, deserts his service as a social work personnel, and considering the equity with other people who faithfully perform the duty of military service, the nature of the crime cannot be deemed to be minor.

However, considering the fact that the defendant recognized his mistake, the primary offender, etc., the defendant's age, character and conduct, environment, motive, means and consequence of the crime of this case, and the circumstances revealed in the pleading after the crime is committed, the punishment as ordered shall be determined.

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