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(영문) 수원지방법원 2020.02.14 2019고단2565
병역법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

Punishment of the crime

The defendant is a social work personnel belonging to Osan City B.

A social work personnel member shall not leave his/her service or not perform his/her duties in the relevant field for a total period of at least eight days without justifiable grounds.

Nevertheless, the Defendant, however, absent from office for five days from January 1, 2019, January 14, 2019 to January 18, 2019, and from February 25, 2019; five days from March 25, 2019 to March 29, 2019; five days from April 1, 2019 to April 5, 2019; three days from April 8, 2019 to April 10, 2019 without justifiable grounds; and went away from office for at least eight days in total.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. A warning, a report on the investigation of the status of service, a report on the violation of service and a report on the investigation of the evasion of service;

1. Application of Acts and subordinate statutes to the investigation report;

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

1. Article 62 (1) of the Criminal Act;

1. The crime of this case, which deserts from service as a social work personnel with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, is not easy to commit the crime, and considering the equity with other people who faithfully perform the duty of military service, the corresponding punishment is required.

It is against the time of crime.

There is no record of criminal disposition.

Other circumstances, such as the age, character and conduct, environment, growth process, family relationship, circumstances after the crime, etc. of the defendant, shall be determined as per the order.

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