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(영문) 춘천지방법원 강릉지원 2013.11.20 2013고단501
병역법위반
Text

A defendant shall be punished by imprisonment for 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

Punishment of the crime

The Defendant is serving as public interest service personnel at the “D Care Center” located in C in the East Sea.

A public duty personnel member shall not be issued a warning disposition at least eight times due to his/her attendance at work after the start of work, early retirement without permission, or leaving his/her place of work without justifiable grounds.

On August 2, 2012 and October 16, 2012, the Defendant received a warning from the East Sea Market on the ground that he/she did not appear without permission, on a total of six occasions on July 1, 2013, and received a warning twice from the East Sea Market on the ground that he/she did not appear without permission. On October 23, 2012 and February 28, 2013, the Defendant received a warning from the East Sea Market on the ground that he/she did not go without permission.

The Defendant was given eight warnings in total, without justifiable grounds, for attendance at work after the start of work, early retirement from work place without permission, or leaving work place.

Summary of Evidence

1. Defendant's legal statement;

1. To forward a list of additional notices for call-up for public duty personnel, and to the application of the Acts and subordinate statutes of the warning place, such as daily service situation register, report on participation in the public interest personnel service complex, detailed statement of non-compliance

1. Subparagraph 2 of Article 89-3 and Article 33 (1) 5 of the Military Service Act concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of the facts that the defendant reflects the wrong, that the defendant currently served in good faith, and that there is no criminal record;

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