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(영문) 전주지방법원 2015.12.11 2015고단1884
병역법위반
Text

A defendant shall be punished by imprisonment for four 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 is a person who serves as a social work personnel at the Gwangju Regional Employment and Labor Center of the Jeonju Regional Employment and Labor Office of the Jeonjin-gu 410-1, Chungcheongnam-gu, Seoul Special Metropolitan City.

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

Nevertheless, the Defendant, on the ground that he/she prepared a mutual agreement to avoid the assault case, retired from service without justifiable grounds during the period of eight days in total from August 20, 2015 to September 10, 2015, from September 14, 2015, and from September 17, 2015 to September 25, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes on commuting to social work personnel;

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

2. The reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the defendant in light of the reasons for sentencing below) is that the defendant committed the crime of this case and serves in good faith in the future. The defendant has no record of criminal punishment for the same kind of crime, and the defendant has no record of criminal punishment for the same kind of crime, and the defendant's age, character, conduct and environment, motive, means, method, method and consequence of the crime of this case, and all the conditions of sentencing as shown in the records and arguments of this case including the circumstances before and after the crime

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