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(영문) 서울남부지방법원 2020.05.14 2019고단6093
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 working in Yangcheon-gu Seoul Metropolitan Government Office B.

No social work personnel shall receive warning at least eight times in total, including those who attend work after work start hours, leave from work without permission, or leave work place without justifiable grounds.

Nevertheless, on May 15, 2019, the Defendant was subject to a warning disposition on the ground that he/she went away without permission on May 15, 2019, fails on May 29, 2019, without permission on May 31, 2019, without permission on June 14, 2019, without permission on June 17, 2019, without permission on June 18, 2019, without permission on June 20, 2019, and without permission on August 28, 2019.

As a result, the Defendant was given warning at least eight times in total due to attendance at work after the start of work without permission, early retirement from work place without permission, or leaving work place without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of the Acts and subordinate statutes to each investigation report on the status of service, a statement of violation of duties, and a warning;

1. Subparagraph 2 of Article 89-3 and Article 33 (2) 5 of the Military Service Act concerning facts constituting an offense;

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (see, e.g., Article 62(1) of the Act on the Suspension of Execution (see, e., Supreme Court Decision 20

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