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(영문) 서울서부지방법원 2018.04.04 2017고단4017
병역법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From July 11, 2016, the Defendant is a social service worker working in Eunpyeong-gu Office D in Eunpyeong-si, Seoul, from April 28, 2017 to Eunpyeong-si, and in Eunpyeong-gu, Seoul, from April 28, 2017 to 195 (green-dong).

No social service personnel shall desert from their service for at least eight days without justifiable grounds.

Nevertheless, the Defendant, from September 27, 2016 to September 28 of the same month (two days), from September 27, 2017 to September 29 of the same month (three days), from November 7, 2017 to August of the same month (two days), and from November 21, 2017 to November 23, 2017, did not work in the C Infant Care Center and Eunpyeong-gu Office D division for ten days in total.

Accordingly, the defendant left his service for at least 10 days in total without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written accusation;

1. Application of Acts and subordinate statutes to a letter of the reason why each service has been retired and a written investigation of such secession;

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 on the stay of execution (including the first offender, and the fact that the defendant is able to faithfully fulfill his military service in the future);

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