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(영문) 대구지방법원 서부지원 2020.04.29 2020고단499
병역법위반
Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal power] On April 8, 2020, the Defendant was sentenced to one year of imprisonment and two years of suspended execution with labor for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kameras), at the Daegu District Court, and the said judgment became final and conclusive on April 17, 2020.

【Criminal Facts】

Social work personnel shall not leave their office or fail to serve in the relevant field for at least eight days in total without justifiable grounds.

The Defendant was a social work personnel member of Daegu Seo-gu B, from September 2, 2019 to May 5 of the same month, and the Defendant did not work at the said facility for the period of 24 days from September 2, 2019 to around the same month, from November 16, 2019, around November 21, 2019, around the same month, around the 22th day of the same month, from around the 25th day of the same month to the 29th day of the same month, from around December 2019 to the 24th day of the same month.

Accordingly, the defendant left his service for not less than 8 days without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation, a written accusation against a person who has resigned from service as a social work personnel, a written investigation of a deviation from service, and a written investigation;

1. Investigation report (verification, etc. of Grounds for Handling Absences from Office);

1. One-day service status register;

1. Criminal records as stated in the judgment: Application of Acts and subordinate statutes to the defendant's legal statement, criminal records, etc. inquiry reports (A), investigation reports (in the case of a suspect's trial, indictments, etc.);

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is considerably heavy in terms of the period, circumstances, etc. of the defendant's secession from his service.

However, the judgment of this case has become final and conclusive that the defendant shows the attitude to reflect the fact of crime, that the defendant has served faithfully during the remaining service period, that there is no record of punishment for the same kind of crime, and that the crime of this case has become final and conclusive.

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