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(영문) 서울서부지방법원 2017.05.31 2017고단928
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is serving as social service personnel in Mapo-gu Seoul Metropolitan Government, from September 28, 201 to October 30 of the same month, from October 4, 2016, from December 1, 2016, from December 2, 201, and December 2 of the same year, from February 16 of the same month, and from February 23, 2017.

C. By the 28th day of the month, he was absent from his service because he did not work without any justifiable reason for a total of eight days or more.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written investigation of escape from service;

1. A written accusation;

1. Application of Acts and subordinate statutes governing daily service conditions;

1. Subparagraph 1 of Article 89-2 of the Military Service Act concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Suspension of Execution (Article 62 (1) of the Criminal Act that fails to faithfully perform the duty of military service through the renunciation of service), but the defendant's wrong performance of duty of military service in good faith;

(1) In light of the circumstances, such as the fact that there is no record of punishment for the same kind of crime;

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