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(영문) 수원지방법원 2017.11.10 2016고단5857
병역법위반
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. The Defendant is a person who has been working as a social service personnel in Suwon-si Office B from February 19, 2016.

On May 30, 2016, the Defendant directly received a notice of convening a social service personnel training call in the name of the head of the regional military affairs office in the name of the head of the regional military affairs office, to respond to the call within three days from June 30, 2016 to July 28, 2016, from the 23rd Si/Gu Office in Suwon-si, Suwon-si, Suwon-si to the 23rd Sinsi Office from June 30, 2016.

2. Any person who deserts from office for at least eight days shall not leave his post, or shall not serve in the field concerned for at least eight days in total without justifiable grounds;

Nevertheless, the Defendant, as described in paragraph 1, served as a member of the Social Service B of Suwon-si, and left from office without justifiable grounds for at least eight days in total from July 13, 2016 to July 15, 2016 (three days) and from July 18, 2016 to July 22, 2016 (five days).

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. The application of Acts and subordinate statutes governing a written accusation, a written statement in charge of the management of service of social service personnel, a copy of a written statement of resignation from service of social service personnel, a copy of a written investigation of renunciation from service, a copy of a written investigation of renunciation from service, a copy of the details of dispatch from service, a copy of a personal statement, a copy of a daily service situation

1. Article 88 (1) 3 of the Military Service Act and subparagraph 1 of Article 89-2 of the same Act concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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