(영문) 대구지방법원 2015.08.17 2015고단2866

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(영문) 대구지방법원 2015.08.17 2015고단2866

병역법위반

Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

From August 2014, the Defendant was called to social work personnel service, and served in the Daegu North-gu Office B located in Daegu-ro 65 (B), Daegu-do, Masan-ro from September 16, 2014, and served as disaster management support personnel as a disaster management support personnel.

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

Nevertheless, the Defendant did not work for the two-day period from September 25, 2014 to April 6, 2015; the two-day period from April 14 to the following day; the two-day period from the 14th day of the same month to the 17th day of the same month; the 17th day of the same month; and the 21th day of the same month to the 10th day from the 24th day of the same month to the 10th day to the Daegu North-gu

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

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Application of Acts and subordinate statutes described in each of the details of secession from service and the daily service status register;

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 (which is favorable to the reasons for sentencing in the following year) of the suspended sentence is that the defendant left the service of social work personnel for at least eight days without justifiable grounds. However, the defendant appears to have caused the crime of this case in order to compensate for money to maintain his livelihood. The defendant has no record of punishment or of having no record of punishment heavier than that of a fine, and the defendant has a great living in the future, and the defendant has been living in the future, the punishment shall be determined as ordered in consideration of the conditions for sentencing favorable to the defendant, and all other conditions for sentencing, such as the defendant's age, character and conduct

참조조문

-병역법 제89조의2 제1호

-형법 제62조 제1항

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