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(영문) 서울동부지방법원 2020.02.14 2019고단3728
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

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

The defendant is a social work personnel member of Songpa-gu Seoul Metropolitan Government C, and the same year from July 22, 2019.

7. By the end of 26.26.

7.29.Woman, 29.Woman

8.5.Rabling, referring to the same year

8. From July 1, 200

8. By August 8, 200;

9. Around 11.m., he/she did not attend the above facility on the grounds that he/she is late or far away from each other;

Accordingly, the defendant left his service for not less than 8 days without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. A report on fact-finding of each escape from service, a report on fact-finding of each escape from service, and an explanatory note;

1. Application of Acts and subordinate statutes to a report on investigation (to telephone investigation into the current status of escape from office of a suspect), a report on investigation (Submission of an accusation), a report on investigation (report on confirmation of relative facts of a suspect), and a report on investigation (date of absence

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The crime of leaving his service as a social work personnel with the reason of sentencing under Article 62-2 of the Criminal Act shall not be deemed to be less than that of a crime in light of the equity with other people who faithfully perform the duty of military service.

However, considering the fact that a person is recognized as committing a crime and the fact that the person has no record of criminal punishment, etc., the punishment shall be determined as ordered by taking into account the following circumstances: the defendant's age, character and conduct, environment, circumstances after committing a crime, and circumstances after committing a crime.

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