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(영문) 대구지방법원 2015.02.05 2014고단6502
병역법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is the social work personnel of Daegu Metropolitan City office.

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

On October 2014, the Defendant: (a) received contact from the Nam-gu Suwondong B Apartment 101 Dong 1801, the Nam-gu Seoul Metropolitan City Office C and D competent authorities on October 31, 2014 to “re-service to social work personnel from Daegu Metropolitan City office C and D; (b) on October 31, 2014, the Defendant failed to perform re-service from October 31, 2014 to December 2, 2014; (c) and (d) went away from service for at least eight (8) days in total without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes to a report on investigation (report on examination of the portion of receipt of a notice of military service

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

1. In full view of the following circumstances: (a) the reason for sentencing under Article 62(1) of the Criminal Act, including the fact that the defendant, as a social work personnel, has to be in good faith and to be in service but has left without permission; (b) he has been sentenced to one year of probation for six months of imprisonment; (c) the period of secession from service exceeds one month; and (d) the defendant is able to faithfully serve in good faith as a social work personnel; and (e) the motive, background, means and methods of the instant crime; (c) the circumstances before and after the instant crime; and (d) other various circumstances such as the defendant’s age, character and conduct, career, environment, etc. as shown in the instant pleading

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