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(영문) 의정부지방법원 2019.10.16 2019고단792
병역법위반
Text

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

Reasons

Punishment of the crime

The social work personnel of "2019 Highest 792" shall not receive warnings at least eight times in total, including those who attend work after the start of work without justifiable grounds, leave from work without permission, or leave work place.

Nevertheless, while serving as a social work personnel belonging to the Guri-si, Gyeonggi-do, the Defendant was subject to the first warning disposition from 08:00 on September 4, 2018, 17, which is the starting time of work and received from 08:00 on September 4, 2018 without justifiable grounds. From that time, the Defendant was subject to the warning disposition at least eight times in total after working hours after the start of work without justifiable grounds, as shown in the list of crimes in the attached Table, from January 22, 2019.

The defendant of "2019 Highest 1450" is "B of the Guri-si 439 Guri-si and the social work personnel belonging to the Guri-si.

Social work personnel shall not leave their service or fail to return to the relevant field for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant left from office without justifiable grounds for at least eight days from Oct. 18, 2018, Nov. 8, 2018, Nov. 13, 2018, Nov. 13, 2018, Nov. 15, 2018, Nov. 15, 2018, and Dec. 6, 2018, and Jan. 23, 2019 to the same month.

Summary of Evidence

"2019 Highest 792"

1. Defendant's legal statement;

1. The written accusation, the investigation report on the matters of service, and the details of the violation of the duty of service. "201 high-class 1450";

1. Part of the defendant's legal statement (the third protocol of trial);

1. C’s legal statement;

1. Application of Acts and subordinate statutes to the social work personnel charge, accusation, fact-finding report on the removal from service, and reasons for the removal from service;

1. Subparagraph 2 of Article 89-3 and Article 33 (2) 5 of the relevant Act on Criminal Facts (the point of issuing a warning disposition for social work personnel at least eight times) and subparagraph 1 of Article 89-2 of the Military Service Act (the point of leaving his/her service for social work personnel at least eight times);

1. Of concurrent crimes, the accused and the defense counsel under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act (within the scope of adding up the long-term punishments of two crimes).

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