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(영문) 서울남부지방법원 2019.09.19 2018고단6661
병역법위반
Text

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

Reasons

Punishment of the crime

The defendant is a social work personnel who work in B Station in Yangcheon-gu Seoul Metropolitan Government.

A social work personnel member shall not leave his/her service or not serve in the relevant field for a total period of at least eight days without justifiable grounds.

Nevertheless, the Defendant, from July 9, 2018 to July 13, 2018 (5), from July 16, 2018, from August 16, 2018 (1), from August 29, 2018 to August 31, 2018 (3), from August 29, 2018 to August 31, 2018 without justifiable grounds, was absent from service for a total of eight days or more.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation or accusation against a person who has deserted the social work personnel service;

1. Application of Acts and subordinate statutes on fact-finding reports on a deviation from service, written confirmation of a deviation from service, details of a deviation from service, and details of sending text;

1. The Defendant committed the instant crime again even though he/she had been punished several times for the same kind of crime, including that he/she was sentenced to 4 months of imprisonment for the violation of the Military Service Act and 1 year of suspended sentence due to the violation of Article 89-2 Subparag. 1 of the pertinent Act regarding criminal facts, and is highly likely to be criticized.

In addition, the sentencing conditions of the defendant, such as the age, character and conduct, the environment, the motive and circumstances of the crime, and the circumstances after the crime, shall be determined as ordered by considering the overall sentencing conditions as shown in the trial.

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