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(영문) 서울남부지방법원 2014.07.16 2014고단1773
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 was called as public interest service personnel around August 4, 201, and from around September 2, 201, the Defendant is serving as public interest service personnel in the CBusiness Management Office of the Urban Railroad Corporation in Seongdong-gu Seoul, Seongdong-gu, Seoul.

No public duty personnel shall desert from his service for at least eight days in total during the period of service without justifiable grounds.

Nevertheless, the Defendant: 2 days from December 22, 2012 to February 23, 201; 5 days from January 5, 2013 to September of the same month; and the same year.

9. Unauthorized absence from office for two days from around 25.26.

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. Examination protocol of the accused by prosecution;

1. A written accusation;

1. Application of Acts and subordinate statutes to a fact-finding report on a deviation from service and an explanation about such escape;

1. Subparagraph 1 of Article 89-2 of the former Military Service Act (Amended by Act No. 11849, Jun. 4, 2013; Act No. 11849, Dec. 5, 2013);

1. Although there are no circumstances unfavorable to the defendant, such as the fact that the reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing following the suspended sentence) cannot be found, the defendant cannot be found to have any special reason for escaping from the service. However, the defendant is making a confession of the crime of this case and his mistake is divided in depth, and the defendant seems to have been dismissed from the service for public interest, and the defendant is deemed to have been dismissed from the service for public interest, and all other circumstances, such as favorable circumstances

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