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(영문) 서울남부지방법원 2015.07.16 2015고단1830
병역법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Criminal facts

A defendant shall be a person who serves as a social work personnel at the Yangcheon-gu Office located in Yangcheon-gu Seoul Metropolitan Government 105, and a social work personnel member shall not desert away from his service or serve in the relevant field for a total period of at least eight days without justifiable grounds.

Nevertheless, the Defendant did not work in the Yangcheon-gu Office for a total period of at least eight days, without any justifiable reason, from September 24, 2013; March 25, 2014; April 3, 2014; April 9, 2014; April 29, 2014; September 29, 2014; and December 4, 2014; and December 5, 2014; and from April 14, 2015 to April 20, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

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 reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is to sentence the suspended sentence of imprisonment to the Defendant, taking into account the following: (a) the Defendant’s mistake is recognized as the primary offender; and (b) the Defendant is faithfully serving in the future.

It is so decided as per Disposition for the above reasons.

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