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(영문) 의정부지방법원 2020.06.23 2020고단1810
병역법위반
Text

A defendant shall be punished by imprisonment for four 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 who has worked in the Southyang-si Fire Station C in South Korea-si, Namyang-si.

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

Nevertheless, the Defendant, from December 31, 2019 to April 1, 2020, was absent without permission without attendance at the above fire station for a total of 13 days, such as the list of crimes in the attached list of crimes.

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

Summary of Evidence

1. Application of Acts and subordinate statutes to the social work personnel changes in their legal statements, a plan for measures to be taken, a statement of his/her change in the position of the accused, a written investigation of his/her change in service, a written investigation of his/her status of service, a receipt certificate, a daily service situation register

1. Article 89-2 subparagraph 1 of the Military Service Act applicable to criminal facts, the selection of imprisonment, and the selection of sentence;

1. The sentencing of Article 62(1) of the Criminal Act on the grounds of suspended execution is not good for the crime of this case, and the number of times of secession from service is many. However, in consideration of the fact that the mother of the defendant promises to have the defendant serve in good faith and wants to have the defendant work in good faith, and that the defendant is a primary offender who has no criminal power, a punishment shall be determined as ordered by the order.

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