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(영문) 인천지방법원 부천지원 2016.09.30 2016고단1700
병역법위반
Text

A defendant shall be punished by imprisonment for not less than eight 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 of the public health clinic B.

Social service personnel shall not leave their post or serve in the relevant field for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant, without good cause, was absent from office on February 29, 2016 without permission, and was absent from office for three days from March 2, 2016 to March 4, 2016; the Defendant was absent from office for three days from March 7, 2016 to March 9, 2016; and the Defendant was absent from office for at least eight days in total (ten days in total) from June 13, 2016 to June 15, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. Application of Acts and subordinate statutes to a written accusation and an investigation report leaving office;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 62 (1)

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