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(영문) 대구지방법원 2018.03.30 2017고단6531
병역법위반
Text

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

However, the execution of the above sentence 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 serves in the affairs of the Daegu Dong-gu Office B, and social service personnel shall not leave their office for at least eight days in total without justifiable grounds. However, on February 3, 2017, the Defendant submitted an application for the division of social service personnel for the treatment of illness to the Daegu Dong-dong Office located in the Daegu Dong-gu, Daegu-gu, and obtained approval for the division from February 7, 2017 to July 21, 2017. Therefore, on July 24, 2017, the Defendant should leave their office for at least eight days in total without justifiable grounds, despite having to leave their office after filing a report on re-service at the Daegu Dong-gu, Daegu Dong-gu, working place on July 24, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of the Acts and subordinate statutes to file an accusation, a written investigation of renunciation of service, and a notification of re-service of social service personnel;

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

1. The reasons for sentencing under Article 62(1) of the Criminal Act under the suspended sentence are as follows: (a) the defendant has a criminal record of the same kind; (b) the defendant reflects the defendant; (c) the circumstances leading to the instant crime; and (d) other circumstances that may be considered in light of the defendant’s age, sex, environment, motive for and circumstances after the commission of the crime; and (e) the punishment as set forth in the

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