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(영문) 대전지방법원 2020.10.15 2020고단2966
병역법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On August 12, 2019, the Defendant is placed in Daejeon P High School located in Daejeon Seo-gu and serves as social work personnel.

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

Nevertheless, the defendant on April 1, 2020 and the same year.

4.8.8. The same year.

5.22., 22. The same year;

5.27.27. The same year

5.29., 29. The same year

6.1.1. The same year;

6.19. 19. 19.

7. 1. up to eight days, he did not attend the above C High School.

As a result, the defendant left his service for at least eight days in total without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to a written accusation to social work personnel who have retired from service, a written explanation of a removal from service, a written investigation of a removal from service, or a written accusation;

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

1. The act of violating the Military Service Act needs to be punished strictly in light of the legislative intent and purpose of the Military Service Act in order to ensure the sincere performance of the duty of military service and its effectiveness, and to establish a fair order in the military service.

The defendant, who is a social work personnel, has deserted the performance of social work personnel service by leaving his service without any particular reason, and not only the nature of such crime is good, but also the responsibility for such crime is not weak considering the equity with other people who faithfully perform the duty of military service.

However, the defendant shows his attitude to recognize the crime of this case and to reflect his mistake.

On the other hand, the defendant is an initial criminal who has no criminal record.

In full view of such circumstances as well as the Defendant’s age, character and conduct, environment, motive and background of the instant crime, means and consequence, and circumstances after the instant crime, the punishment as ordered shall be determined.

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