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(영문) 대구지방법원 포항지원 2014.05.15 2013고단1337
병역법위반
Text

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

Reasons

Punishment of the crime

On November 28, 2012, the Defendant was sentenced to six months of imprisonment with prison labor for violating the Military Service Act in the Daegu District Court’s branch court, and completed the execution of the sentence in the Daegu Detention House on July 31, 2013.

Social work personnel shall not leave their service or perform their duties in the relevant field for a total period of not less than eight days without justifiable grounds.

The Defendant re-convened as social work personnel from around August 26, 2013. From around September 2, 2013 to around December 6, 2013, the Defendant was absent from service without justifiable grounds because he was not present at the work place for eight days from around November 27, 2013 to around December 6, 2013 while he was designated as a Si/Gun/Gu office in the Do-dong-dong-dong from September 2, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. A written report on a deviation from service;

1. Previous convictions indicated in judgment: Application of criminal history records, investigation reports (verification of the expiration date of punishment, etc.), and other Acts and subordinate statutes;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing is that the defendant has been subject to a suspended sentence of violation of the Military Service Act, one time before and after the suspended sentence, and the circumstances leading to the instant crime, the age, character and conduct, environment, etc. of the defendant; and

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