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(영문) 서울북부지방법원 2015.11.25 2015고단2023
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 1, 2014, the accused of criminal records was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (injury by Group, Deadly Weapons, etc.) at the Seoul Northern District Court on the same month and two years of suspension of execution, and the same month.

9. The judgment becomes final and conclusive and is still in the period of suspended execution;

Criminal facts

The defendant is a social work worker working at the Seongbuk-gu Seoul Metropolitan Medical Care Center for Older Persons.

Social work personnel shall not leave their office or serve in the relevant field for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant was absent from office for ten days in total from September 5, 2014, October 1, 2014; March 9, 2015; May 6, 2015 to May 8, 2015; and from May 11, 2015 to May 14, 2015.

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. Defendant's legal statement;

1. Each accusation issued by the head of Seongbuk-gu;

1. Before holding: Criminal history records, results of investigation, results of investigation, investigation reports (Attachment of the judgment in case of suspension of execution as of the suspect), and application of the Act and subordinate statutes of the Seoul Northern District Court No. 2014 and 2048;

1. In light of the fact that the Defendant committed the instant crime during the period of suspension of execution due to the previous conviction of Article 89-2 subparagraph 1 of the Act on the Punishment of Criminal Crimes, and the instant crime is punished only by imprisonment with prison labor for not more than three years, the Defendant’s reason why the Defendant was deprived of his service is sleep or late, or the Defendant sleeps at the hospital after he left the hospital without any reason that he did not perform his duty while living in her natives without being located in the hospital after he left the hospital.

However, the defendant is against the defendant when committing the crime of this case, and his age, character and conduct.

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