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(영문) 서울동부지방법원 2016.01.13 2015고단2804
병역법위반
Text

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

Social service personnel shall not leave their service for at least eight days in total without justifiable grounds, but the defendant called up as social service personnel of the division B of the Songpa-gu Seoul Metropolitan Government Office on May 23, 2014, and retired from their service for at least eight days without justifiable grounds from January 12, 2015 to January 26, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a charge, summary of the renunciation of service, and fact-finding report of secession from service;

1. Subparagraph 1 of Article 89-2 of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (two times (one time a suspended sentence and one time a fine) has been imposed for a violation of the Military Service Act, but he/she will serve in good faith in the future while against his/her will;

(3) The following facts are considered: (a) the support of two married children; and (b) the support of two married children;

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