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(영문) 서울동부지방법원 2013.06.19 2013고단580
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

except that 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 October 4, 2012, the Defendant is serving as public interest service personnel in the Gangnam-gu Office Station for subway 7.

However, the public interest service personnel shall not leave their service for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant, on December 23, 2012, and December 24, 2012, and January 10, 2013; January 11, 2013; January 20; February 20, 2013; February 27, 2013; February 28, 2013; and March 4, 2013, left service on the grounds of the Defendant’s business issues.

The Defendant, as such, deserted his service for eight days in total.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. Application of the Acts and subordinate statutes of the Ministry of Health and Welfare to the Ministry of Health and Welfare, a written investigation of a secession from service, and daily service situation;

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

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (i.e., the fact that the defendant is performing faithfully his service);

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