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(영문) 대구지방법원 2014.05.29 2014고단1908
병역법위반
Text

A defendant shall be punished by imprisonment for not more than ten 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 a person who serves as a social work personnel in the river management division of the Daegu Metropolitan City Facility Safety Management Office.

No social work personnel shall desert from his service for at least eight days in total without justifiable grounds.

Nevertheless, from February 3, 2014 to February 18, 2014, the Defendant did not work at the river management department of the said facility without good cause for at least eight (8) days in total.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of the Acts and subordinate statutes governing a report on the fact of secession from service, daily service status register and supplemental service record table;

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 include: (a) the Defendant, as a social work personnel, is obliged to faithfully serve as a member of the social work personnel, leaving his or her service without permission; (b) the Defendant has been sentenced to a suspended sentence of two years for six months after leaving his or her service; (c) the Defendant is receiving outpatient treatment due to a disease, such as urology, etc.; (d) the period during which the Defendant was discharged from his service is relatively short of time; and (e) the Defendant’s mistake is divided and reflected; and (e) the motive, background, means and methods of the instant crime; (e) the circumstances before and after the instant crime; and (e) the Defendant’s age, character and behavior, career, environment, etc

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