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(영문) 수원지방법원성남지원 2020.10.30 2020고단2941
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a social work personnel member working in the subordinate-ro B, 10, Chungcheongnam-ro, Hanam-ro.

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

Nevertheless, the Defendant, on April 4, 2019, retired from service for at least eight (8) days in total due to the Defendant’s failure to work at the above workplace without justifiable grounds from April 201, around the same month, around the 5th day of the same month, around the 25th day of the same month, from April 2020 to April 28 of the same month.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a charge, a statement of service records in supplemental service, and a fact-finding report;

1. Article 89-2 of the Act applicable to facts constituting an offense and subparagraph 1 of Article 89-2 of the Military Service Act;

1. The sentence shall be determined like the order, comprehensively taking into account the following factors: (a) the reason for the suspended sentence under Article 62(1) of the Criminal Act; (b) the reason for the suspended sentence; (c) the period; and (d) the primary offender; and (c) the accused’s age, character and conduct; (d) the environment; (e) motives

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