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(영문) 청주지방법원 제천지원 2019.11.28 2019고단245
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 became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a social work personnel member who works from November 2017 in the building B and in the “C” on the second floor.

Social work personnel shall not leave their office or fail to serve in the relevant field for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant, from July 1, 2019 to February 25, 2019, failed to attend the work without permission for a total of 19 days, and left the work for at least eight days without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of accusation, accusation, or complaint against a person who has retired from the social work personnel service;

1. Application of Acts and subordinate statutes to a written investigation of secession from service;

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances of the reasons for sentencing below) shall be determined as follows: (a) comprehensively taking into account the following conditions of sentencing, such as the Defendant’s age, occupation, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime; and

Although the defendant should faithfully work as a social work personnel in accordance with the duty of military service given by the Constitution and Acts, he neglected such duty and went away from his service for at least eight days without justifiable grounds. The nature of the crime of this case is heavy.

A favorable normal situation: The defendant recognizes a mistake and reflects it, and the defendant does not have the same criminal power.

When a new service institution is designated in the future, the defendant has faithfully performed his service.

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