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(영문) 인천지방법원 2020.10.08 2020고단3246
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant of "200 Highest 3246" is a person called up as a social work personnel on October 11, 2018 and has served in the Social Welfare Facilities C located in Incheon Reinforcement B.

The defendant 9th day from January 10, 2020 to the 22th day of the same month, from the 30th day of the same month to the 31st day of the same month, and the same year.

2. The worker did not work at C in social welfare facilities which are working place for 13 days in total, including the day from June to July of the same month;

Accordingly, the defendant left his service for a total period of not less than 8 days without justifiable grounds.

The Defendant is a person called up as a social work personnel from October 11, 2018 to work for “C”, who is a social work facility in Incheon reinforced Gun B and has been in office.

No social work personnel shall be subject to a disposition of warning at least eight times in total, such as attendance at work after work start without justifiable grounds, early leave from work without permission, or leaving work without permission.

Nevertheless, around 12:00 on November 4, 2019, the Defendant was issued a warning disposition at least eight times in total, by attending the above facility after working hours (09:00) without justifiable grounds and leaving the work site without justifiable grounds from January 29, 2020, from that time on which the Defendant received the first warning disposition.

Summary of Evidence

"200 Highest 3246"

1. Defendant's legal statement;

1. A written accusation;

1. A report on the reason of a secession from service and a fact-finding investigation;

1. Ministry of Service: 2020 Highest 4317;

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes to investigation reports (Presentation of documents related to the case);

1. Subparagraph 1 of Article 89-2 of the relevant Act on Criminal Facts (the point of leaving military service for not less than eight days) and subparagraph 2 of Article 89-3 and Article 33 (2) 5 of the Military Service Act (the point of receiving a warning disposition for not less than eight times);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reasons for sentencing under Article 62(1) of the Criminal Act are as follows.

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