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(영문) 의정부지방법원 고양지원 2020.05.07 2020고단298
병역법위반
Text

A defendant shall be punished by imprisonment for six 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

The defendant is a person liable for military service as the commander of social work personnel call on November 21, 2019.

Social work personnel or art and sports personnel shall not leave their service for at least eight days in total without justifiable grounds.

Nevertheless, from November 2018 to December 27 of the same year, the Defendant was absent from work without justifiable cause for at least eight days from July 22, 2019 to work as social work personnel C located in Goyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of the Acts and subordinate statutes of the Ministry of Labor and the Ministry of daily service situation;

1. Subparagraph 1 of Article 89-2 of the former Military Service Act (Amended by Act No. 16852, Dec. 31, 2019) on criminal facts

1. A crime of leaving his service as a social work personnel on the grounds of sentencing under Article 62(1) of the Criminal Act cannot be deemed to be less than that of a crime in light of the equity with other people who faithfully perform the duty of military service, and there is no short period of the defendant's secession from his service and thus the corresponding punishment is needed.

However, the punishment shall be determined in consideration of the fact that the defendant has recognized his mistake, divorce with his wife, and supports two infants in 2016 and 2018.

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