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(영문) 부산지방법원 2021.01.20 2020고단4585
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment 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 working in the affairs division of the Si, Si, Gu, Busan Metropolitan City, and social service personnel shall not leave or serve in the relevant field for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant was absent without permission on October 5, 2020; October 6, 2020; October 7, 2020; October 8, 2020; October 12, 2020; October 13, 2020; October 14, 2020; October 15, 2020; October 16, 2020; October 19, 2020; and October 19, 2020;

Accordingly, the defendant, as a social service personnel, has deserted his service for 12 days in total without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the accusation, investigation report on the escape from service, and explanatory note on escape from service;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act Article 62(1) of the suspended sentence is that the defendant seriously reflects the sentencing, that the defendant faithfully serves in the future, and that other punishment is determined as ordered in consideration of the age, sex, environment, circumstances after the crime, etc. of the defendant.

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