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(영문) 서울중앙지방법원 2019.11.21 2019고단5263
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 served as a social work personnel at the Gangnam Police Station from January 28, 2019.

A social work personnel shall not be subject to a disposition of warning at least eight times in total, including those who attend work after work start time, leave from work without permission, or leave work place without justifiable grounds.

Nevertheless, the Defendant was subject to a warning disposition on February 12, 2019, including the Defendant’s attendance at the Gangnam Police Station, working at around 09:03 a.m., the start-up hours at around 09:03 a.m., and being given a warning once, on February 13:2, 2019. On February 14, 2019, the Defendant was subject to a warning disposition on early retirement at around 00 a.m., on April 15, 2019; on April 10:10, 2019; on April 22, 2019, at around 0:4; on May 10, 2019, at around 09:4:3 times; on May 22, 2019; on May 19, 2019, at around 3:3 times, he/she was subject to a warning disposition on late 30, 2019.

Accordingly, the Defendant was given warning at least eight times as a social work personnel at work or early leave from work without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. The application of Acts and subordinate statutes as a survey report on the status of service, a record of service, a survey of the status of service and an inspector;

1. Subparagraph 2 of Article 89-3 and Article 33 (2) 5 of the Military Service Act concerning facts constituting an offense;

1. The reasons for the suspended sentence under Article 62(1) of the Criminal Act, including the motive and background of the instant crime, the primary offender, and the Defendant’s mistake, etc., shall be determined by taking into account the various sentencing conditions shown in the pleadings of the instant case.

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