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(영문) 대전지방법원 2020.06.19 2020고단1845
병역법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is placed in Seo-gu Daejeon District Office on December 26, 2019 and serves as a social work personnel.

Social work personnel shall not desert from their service for at least eight days in total without justifiable grounds.

Nevertheless, the defendant on January 17, 2020, and the same year.

1.20. 20. 20. The same year;

1.28.28., the same year;

1. 29.29.2

1. 31. 31., the same year;

2.3.For the same year;

2.4.For the same year;

2. During 26.8 days, he did not attend the said Seo-gu Office.

As a result, the defendant left his service for at least eight days in total without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes to the accusation book, daily service status register, investigation report on the escape from service, and investigation report (suspected telephone investigation);

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

1. The defendant, with the reason of sentencing under Article 62 (1) of the Act on the Suspension of Execution, deserts his service as a social work personnel, and considering the equity with other people who faithfully perform the duty of military service, the nature of the crime cannot be deemed to be minor.

However, the punishment as ordered shall be determined by taking into consideration all the circumstances, such as the fact that the defendant has recognized his/her mistake, the fact that there is no record of punishment, the age, character and conduct, environment, motive, means and procedure of the crime, circumstances after the crime, etc.

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