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(영문) 의정부지방법원 고양지원 2020.04.23 2020고단261
병역법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a social work personnel working at the "C Elementary School in the case of Pakistan."

No social work personnel shall leave his/her office or perform his/her duties in the relevant field for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant did not work in the relevant field for 5 days from December 9, 2019 to December 13, 2019, 5 days from December 16, 2019 to December 20, 2019, and 2 days from December 23, 2019 to December 24, 2019 without justifiable grounds, and the Defendant did not work at the said C Elementary School for 12 days.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The application of Acts and subordinate statutes to the accusation, a statement of escape from service and a fact-finding investigation of escape from service;

1. Subparagraph 1 of Article 89-2 of the former Military Service Act (Amended by Act No. 16852, Dec. 31, 2019) on criminal facts

1. The crime of leaving office as a social work personnel on the grounds of sentencing under Article 62(1) of the Criminal Act cannot be deemed to be light of the nature of the crime in light of equity with other citizens who faithfully perform the duty of military service. The fact that the defendant again left office despite the suspension of indictment once he left office is suspended, is unfavorable to the defendant, the defendant's mistake is recognized, and the fact that the defendant is the first offender who has no criminal power, etc., shall be determined by considering the circumstances favorable to the defendant.

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