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(영문) 광주지방법원 2021.03.11 2020고단5485
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a social service worker who has been in office in C Myeon Office located in Neongsung Group B, 2020, 5485.

Social service personnel shall not attend the work after the start of the work without justifiable grounds at least eight times in total, leave the work place without permission, or leave the work place without justifiable grounds.

Nevertheless, the Defendant was given warning at the above C Myeon Office one time on May 13, 2020, one time from the place of work without permission and one time from the place of work on May 19, 2020, one time from the place of work without permission on May 21, 2020, one time from the place of work without permission on May 25, 2020, one time from the place of work without permission on May 25, 2020, one time from the place of work without permission on June 4, 2020, one time from the place of work without permission on June 5, 2020, one time from the place of work without permission on June 18, 2020, and one time from the place of work without permission on August 21, 2020, and one time from the place of work without permission on each act of violation of duty.

The defendant is a social service worker who has been in office in C Myeon Office located in Neongsung Group B in 2020, the defendant is a social service worker.

Social service personnel shall not leave their post or serve in the relevant field for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant was absent from office on April 7, 2020, May 7, 2020, May 11, 2020, May 11, 2020, May 29, 2020, August 25, 2020, August 25, 2020, and November 2, 2020 through November 6, 2020 without justifiable grounds, and was absent from office for at least eight days in total.

Summary of Evidence

[200 order 5485] Investigation of the status of each service in the police statement protocol against D by the defendant's legal statement, records of violation of the duty of service, etc., daily service status division, social service status status(A) / [20 order 6596 of order 2020]

1. Application of Acts and subordinate statutes, such as a copy of a fact-finding report on the defendant's legal statement D, a statement of his/her escape from service and a statement of his/her escape from service, and a statement of social service personnel status;

1. Article 89-3 Subparag. 2 and Article 33(2)5 of the former Military Service Act (amended by Act No. 17864, Dec. 22, 2020) concerning criminal facts (Article 89-3 Subparag. 2 and Article 33(2)5 of the same Act (amended by Act No. 17864, Dec. 2, 202); and Article 89-2 of the Military Service Act.

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