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(영문) 수원지방법원 2017.04.25 2016고단8060
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

Criminal facts

On December 14, 2015, the Defendant called as a social service personnel, and posted it to the Yongsan-si District B community service center, and served as a general administrative support personnel.

From September 1, 2016 to 20th of the same month (1, 2, 5, 6, 8, 20 days), and from November 2, 2016 to November 30 of the same month, the Defendant did not work at the B community service center, which is working place, for a total of 25 days (2, 7-11, 14-18, 21-25, 28-30 days).

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

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of the written request for accusation, written investigation for escape from service, daily service status, and Acts and subordinate statutes concerning uniforms;

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 (the defendant shall repent the crime of this case and serve in good faith;

Considering the fact that the defendant has no past record of criminal punishment, except for two minor fines, etc.

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