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(영문) 서울동부지방법원 2017.08.10 2017고단901
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a social service worker who works in the D basin in Gangdong-gu Seoul Metropolitan Government CB101.

Social service personnel shall not leave their post or have not served in the field concerned for a total period of eight days or more without justifiable grounds.

Nevertheless, from April 13, 2016 to April 14, 2016, the Defendant left his/her service without good cause for at least eight days in total at the Defendant’s work place from April 17, 2016 to April 20, 2016 (four days), from April 17, 2016 to April 20, 2016 (one day), and from February 25, 2017 to February 26, 2017 (two days).

Summary of Evidence

1. Statement by the defendant in court;

1. A written investigation of renunciation of service;

1. A daily service status register;

1. Application of the Acts and subordinate statutes on the written accusation;

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 on the stay of execution (see, e.g., circumstances leading to the instant crime, the same kind of fine and the fact that there is no criminal conviction or more than a fine, and the fact that the Defendant is carrying out sincere service

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