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(영문) 의정부지방법원 2020.11.26 2020고단4568
병역법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

Defendant is working for B Research Institute until May 2019.

Current is social workers who work in the C Center.

Social work personnel shall not desert from their service for at least eight days in total without justifiable grounds.

Nevertheless, the defendant around January 26, 2019:

1.29 Gyeongsung:

5.18 Landscaping;

5. Around 19. Around May 20, 2019, around May 25, 2019, around May 25, 2019, around May 27, 2019, and around May 27, 2019, the research institute was absent from work without permission, and the applicant was absent from work without permission on August 24, 2020.

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. Application of Acts and subordinate statutes to a fact-finding report on a deviation from service, a fact-finding report on a deviation from service, or a certificate of social work personnel service;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below) should be as follows: (b) as there is a small gap in military service caused by the Defendant’s repeating without permission for eight days, the corresponding strict punishment should be followed.

However, in full view of the favorable circumstances, such as the fact that the defendant recognized the crime of this case and completed the remaining service period in good faith, the fact that there is no record of criminal punishment, and other favorable factors, such as the defendant's age, character and behavior, family environment, motive and circumstance of the crime, means and consequence of the crime, and various sentencing conditions specified in the arguments of this case, such as the circumstances before and after the crime.

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