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(영문) 창원지방법원 밀양지원 2018.12.20 2018고단357
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, “2018 Highest 357,” is a person who was working as a social service personnel in the sealed fire station C, which is located in 1760, as the smuggling in the sealed time from March 20, 2017 to January 16, 2018, from January 17, 2018 to July 10, 2018.

Social service personnel shall not leave their post or be engaged in the duties in the relevant field for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant, on January 11, 2017 to December 12, 2017; (2) May 2, 2017; (1) May 8, 2017; (1) May 8, 2017; (2) July 7, 2017; (1) July 13, 2017; (1) August 22, 2017; and (2) went away from service due to the Defendant’s failure to attend the service without justifiable grounds for eight days in total.

The Defendant, “2018 Highest 492” from March 20, 2017 to January 16, 2018, was working as social service personnel in the sealed fire station B located in 1760 as the smuggling, and from January 17, 2018 to July 10, 2018, the Defendant was working in the sealed fire station C as social service personnel.

No social service personnel shall be subject to a disposition of warning at least eight times in total, including those who attend work after the start of work, leave from work without permission, or leave the place of work without justifiable grounds.

Nevertheless, the Defendant, on April 13, 2017; on April 28, 2017; on May 16, 2017; on May 29, 2017; on August 11, 2017; on August 11, 2017, on September 12, 2017; on November 8, 2017; and on June 28, 2018, he/she was given a warning of nine times in total by leaving his/her place of service without permission.

Summary of Evidence

"2018 Highest 357"

1. Statement by the defendant in court;

1. A written investigation of the renunciation of service;

1. A copy of daily service status referring to "2018 Highest 492";

1. Statement by the defendant in court;

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

1. Subparagraph 1 of Article 89-2 of the relevant Act on criminal facts (the act of leaving the service for not less than eight days in total as a social service personnel) and the Military Service Act without justifiable grounds;

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