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(영문) 인천지방법원 2020.02.19 2019고단594
병역법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who served as a social work personnel in the B basin in Yeonsu-gu Incheon Metropolitan City.

Social work personnel shall not desert from their service for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant, while serving in the said B, did not work for a total of 15 days from August 23, 2018 to August 24, 2018, from August 27 to 28, 2018, from November 19, 2018 to October 20 of the same month, from November 20, 2018, from November 22, 2018, from December 3, 2018 to December 3, 2018 without justifiable grounds, and went away from the Defendant’s service for at least eight days in total.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation against social work personnel who violates the Military Service Act, a written explanation of escape from service;

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

1. Subparagraph 1 of Article 89-2 of the relevant Act on criminal facts;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant recognized the instant crime and completed military service in good faith, the primary offender is the defendant’s age, character and conduct, environment, motive and circumstance of the instant crime, means and method, circumstances after the instant crime was committed, etc., and the sentence as ordered shall be determined by comprehensively taking account of the following factors:

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