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(영문) 수원지방법원 안산지원 2015.08.17 2015고단1249
병역법위반
Text

A defendant shall be punished by imprisonment for 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

[criminal power] The Defendant was sentenced to a suspended sentence of two years for a violation of the Military Service Act in the Suwon District Court’s Ansan Branch on July 10, 2009, and was sentenced to a suspended sentence of two years for a violation of the Military Service Act. On July 18, 2009, the Defendant was sentenced to three times all of the crimes committed in violation of the Military Service Act.

【Criminal Facts】

On July 21, 2014, the Defendant was called to the social work personnel service at Dosan-si, Jeollabuk-do on July 28, 2014. On July 28, 2014, the Defendant requested the change of affiliation to the member office at Ansan-si, and is in charge of administrative assistance in B at the above member office

A social work personnel member shall not leave his post or not serve in the relevant field for a total period of at least eight days without justifiable grounds.

Nevertheless, the defendant, while serving as a social work personnel, has been on November 17, 2014; 11.18; 11.1.20; 21.21.24; 11.25; 11.26; 27.27; 11.28; 12.1.2.2.; 12.2.3.; 12.3.4; 12.5; 12.5.8; 12.9; 2.10.5.

1.5.

1.6.

1.7.

1.8.8.

1.9.

1.13.

1.14.

1.15.

1.16.

1.19.

1.20.

1. A total of 21. A total of 45 days left from service without good cause.

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

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A written accusation, a written confirmation of the escape from service and an explanatory note;

1. Family relation certificate and financial resources certificate;

1. Each investigation report (the convocation date and affiliated date, the confirmation of designated service, the details of application for divisional service, the family relation certificate, and the confirmation of rearing);

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (former records and report attached to judgment, etc.);

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

1. A suspended execution defendant reflects his/her mistake and fails to properly perform his/her service due to the problem of bringing up his/her child, but he/she will be sincere during the remaining service period;

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