2020 Highest 1173 Violation of the Military Service Act

The movement port (prosecution), Kim Male (Trial)

July 10, 2020

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.

Criminal facts

The defendant is a social work personnel member who works for ○○ institution located in Jongno-gu Seoul Metropolitan Government from September 14, 2018.

A social work personnel shall not leave his office for at least eight days in total without justifiable grounds. Nevertheless, the Defendant did not work without permission on November 1, 2018, and from that time, 13 days in total from March 11, 2020.

Accordingly, the defendant, as a social work personnel, has deserted his service for a total period of not less than eight days without any justifiable reason.

Summary of Evidence

Omission

Application of Statutes

1. Article applicable to criminal facts;

Subparagraph 1 of Article 89-2 of the Military Service Act

1. Suspension of execution;

The reason for sentencing under Article 62(1) of the Criminal Act lies in the fact that the defendant was accused by the head of an agency to an investigation agency, and even though he had been subject to a disposition of suspending indictment for the same kind of crime, he left office as a social work personnel again. In light of the equity among other people who faithfully perform the duty of military service, the nature of the crime cannot be deemed to be light in light of the fact that the defendant's mistake is recognized, and the first offender is the defendant's age, character and behavior, environment, background of the crime, circumstances after the crime, etc., and other circumstances that form the condition for sentencing as shown in the arguments and records

Judges Hong-ju

1) November 1, 2018 / November 6, 2018 / November 7, 2018 / November 7, 2018 / November 8, 2018 / November 23, 2018/ November 23, 2018/ November 29, 2018/ June 14, 2019/20 February 17, 2020

February 18, 2020/ February 19, 2020/ February 19, 2020/ March 9, 2020/ March 10, 2020