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(영문) 서울중앙지방법원 2014.11.06 2014고단6814
병역법위반
Text

A defendant shall be punished by imprisonment for 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

The Defendant was called as social work personnel on May 30, 2013 and was in charge of prosecutorial administrative assistance in Seoul Central District Prosecutors' Office B located in 158 according to the distribution of Seocho-gu Seoul Metropolitan Government.

The defendant shall be the two days from March 21, 2014, from March 24 to February 25, 2014, and the same year.

4. 29.29.2

6.5. The 20th of the same month, the 23th of the same month, the same year;

7. The worker did not work at the relevant workplace for ten days in total, including three days from 21. to 23.

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. A written accusation;

1. Application of Acts and subordinate statutes to a statement of expulsion from service and a statement of non-performance of service order;

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 is that the defendant, without good cause, has deserted his service for a period exceeding 8 days (17 days in total), although the nature of the crime is less than that of the defendant, considering the fact that the defendant is divided by mistake, that the defendant has no record of being punished for the same kind of crime, that the defendant has to faithfully engage in social service if he is given the opportunity in the future, and that the defendant is able to engage in social service in good faith, and all other circumstances, including the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the sentence shall be determined as per the disposition, and the execution of the sentence shall be suspended.

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