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(영문) 광주지방법원 2018.05.25 2018고단1111
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a social service personnel who served in the Nam-gu Seoul metropolitan area as “D”.

Social service personnel shall not leave their post or not serve in the field concerned for a total period of eight days or more without justifiable grounds.

Nevertheless, the Defendant, on June 27, 2017; November 8, 2017; November 20, 2017; December 4, 2017; December 13, 2017; and on January 19, 2018; and on January 29, 2018, the Defendant was absent from his/her service for at least eight days in total without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of the Acts and subordinate statutes of the Ministry of Land, Infrastructure and Transport to a written investigation;

1. Subparagraph 1 of Article 89-2 of the Military Service Act concerning facts constituting an offense;

1. Article 62(1) of the Criminal Act of the suspended execution (no criminal history exists, and the remaining period of service of social service personnel will be faithfully served;

extenuating circumstances, such as points being taken into account)

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