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(영문) 수원지방법원 성남지원 2017.06.22 2017고단1063
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a social service personnel who served in the C station under the Eastern Headquarters Management Station of the Republic of Korea Railroad Corporation in the area B located in Seongbuk-gu, Sungnam-si from May 2016.

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

Nevertheless, the Defendant did not attend the above C Station for the total 10 days from July 13, 2016 to July 15, 2016, from July 18, 2016, from August 16, 2016 to August 17, 2016, from August 17, 2016, from November 13, 2016, from March 13, 2017 to March 14, 2017, without justifiable grounds.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes, such as a statement on the reason of secession from service and a statement on fact of secession;

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

1. Taking into account the fact that the defendant's reasons for sentencing under Article 62 (1) of the Criminal Act reflects his fault in depth, the defendant's work as a social service personnel in good faith in the future, and the first offender, etc.

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