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(영문) 수원지방법원 여주지원 2020.05.13 2020고단201
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From March 28, 2019, the Defendant is a person who is in the active service as a social work personnel in the female viewing B, which is located in Class 1, Sejong City.

Social work personnel shall not leave their office or fail to serve in the relevant field for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant, on May 20, 2019, around May 24, 2019, around June 3, 2019, around June 4, 2019, around June 5, 2019, around June 5, 2019, around July 24, 2019, around December 26, 2019, and around January 6, 2020, did not work without permission for the above viewing for eight days.

Accordingly, the defendant, as a social work personnel, has deserted his service for at least eight days in total without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A fact-finding report on a deviation from service and an explanatory report on a deviation from service;

1. Application of Acts and subordinate statutes to the investigation report (related to the date of crime);

1. Subparagraph 1 of Article 89-2 of the relevant Act on criminal facts;

1. Article 62 (1) of the Criminal Act;

1. The Defendant, with the reason of sentencing under Article 62-2 of the Criminal Act, went away from service for not less than eight days despite his duty to faithfully serve as a social work personnel.

The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.

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