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(영문) 창원지방법원 통영지원 2021.01.12 2020고단1231
병역법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No social service personnel shall desert from their service for a total period of not less than eight days without justifiable grounds.

Nevertheless, the Defendant was absent from office at his own discretion for 16 days from August 7, 2020 to September 4, 2020 while serving as a social service personnel at the C Center located in Dong-si, Dong-si, Dong-si.

Accordingly, the defendant has deserted his service for not less than 8 days in total without justifiable grounds.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement of the fact that he/she has deserted from his/her service (administrative Grade 8 D), the records of his/her escape from service (D), and the records of his/her daily service;

1. Subparagraph 1 of Article 89-2 of the Military Service Act concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Protection, etc., shall be determined by taking into consideration all circumstances, including the motive that the defendant left his service and the number of days of his/her escape from service, the defendant has taken a disposition of suspension of indictment as he/she left his/her service before, and the defendant

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