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(영문) 서울중앙지방법원 2014.03.13 2013고단8248
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person called up as public interest service personnel on June 10, 2010 and serving in the Transport Guidance Department of Yongsan-gu Office.

The Defendant, on August 26, 2013, was absent from work without permission as public duty personnel at the immediately preceding work site on or before October 14, 2013, and was absent from work for a total of eight days (from August 26, 2013 to August 27, 2013; from August 29, 2013 to August 30, 2013; from August 29, 2013 to September 30, 2013; from September 2, 2013 to September 32, 2013; from September 2, 2013; from September 1, 2013; and October 14, 2013) without permission, left from work as public duty personnel for a total of eight days or more without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Accusation against a member of the public interest service personnel;

1. A statement of the reason for each renunciation of service;

1. Application of Acts and subordinate statutes to a written investigation of deviation from service;

1. Subparagraph 1 of Article 89-2 of the former Military Service Act (Amended by Act No. 11849, Jun. 4, 2013) on criminal facts

1. Article 57 of the Criminal Act including days of pre-trial detention;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1248, Nov. 29, 2012; 2009Da14448, Nov. 29, 201) (see, 201; 200Da1448, Nov. 29, 201)

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