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(영문) 대전지방법원 2017.02.23 2016고단4254
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a social service worker who has served in the Seo-gu Seoul High School in Daejeon.

Social service personnel shall not leave the place of service or not serve in the field concerned for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant, who was absent from office on October 31, 2016 to November 4, 201 of the same year, was absent from office on November 14 of the same year, and on November 16 of the same year to November 18 of the same year, retired from office for at least eight days without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. A written investigation of escape from service;

1. A written statement of the reason for secession from service;

1. Application of Acts and subordinate statutes governing daily service conditions;

1. Subparagraph 1 of Article 89-2 of the Military Service Act concerning facts constituting an offense;

1. Article 62(1) of the Criminal Act of the suspended execution (the fact that the criminal defendant is dead and reflects on the crime of this case, the criminal defendant is not guilty of the same kind and only one fine is imposed on the criminal defendant for a different crime, and the criminal defendant will faithfully perform the remaining service period;

The defendant's age, sex, environment, motive, means and consequence of the crime, etc. of this case, and the circumstances before and after the crime of this case, etc., shall be selected to be sentenced to imprisonment by comprehensively taking into account the conditions of all kinds of sentencing prescribed in Article 51 of the Criminal Act, but the execution of the sentence shall be suspended).

1. It is so decided as per Disposition for the reason under Article 62-2(1) of the Criminal Act, Article 59(1) of the Act on the Protection, Observation, etc. of Social Service Order;

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