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(영문) 서울동부지방법원 2019.08.14 2018고단3863
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

However, 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 social work personnel working in the Seoul Traffic Corporation B Station.

The Defendant did not work without permission in the foregoing B basin from October 15, 2018 to October 22, 2018 on the ground that: (a) around January 10, 2018; (b) around September 24, 2018; (c) around September 25, 2018; (d) around September 30, 2018; (e) around October 1, 2018; (e) around October 2, 2018; and (e) around October 15, 2018 to around October 22, 2018.

Accordingly, the defendant, as a social work personnel, has left or failed to serve in the relevant field for at least eight days in total without justifiable grounds.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of the Acts and subordinate statutes of the Ministry of Health and Welfare to the accusation, a fact-finding report on a deviation from service and a written explanation on a escape from service;

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

1. The reasons for sentencing under Article 62(1) of the Criminal Act are primary offenders who have no record of being punished, and the sentencing conditions specified in the trial process of this case shall be comprehensively determined as ordered.

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