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(영문) 인천지방법원 부천지원 2018.06.15 2018고단470
병역법위반
Text

A defendant shall be punished by imprisonment 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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who serves as a social service personnel in the Library C and D in Bupyeong-si.

Social service personnel of the 2018 Highest 470 shall not leave their service or fail to serve in the relevant field for at least eight days in total without justifiable grounds.

Nevertheless, on April 15, 2016, August 19, 2016, and April 20, the same month, April 28, 2017, and April 29, 2017, August 21, 2017, and August 23, 2017, and February 5, 2018, the Defendant absent from office without justifiable grounds for eight days in total.

Social service personnel of the 2018 Highest 829 shall not receive warnings of at least eight times in total, including those who attend work after the start of work without justifiable grounds, leave from work without permission, or leave the place of work.

Nevertheless, on August 3, 2017, the Defendant was issued a warning of eight times in total, including the attendance after the start of the work on August 3, 2017, the attendance after the start of the work on August 14, 2017, the attendance after the start of the work on August 16, 2017, the attendance after the start of the work on August 22, 2017, the attendance after the start of the work on January 26, 2018, the attendance after the start of the work on February 20, 2018, the attendance after the start of the work on February 21, 2018, the attendance after the start of the work on March 19, 2018, and the attendance after the start of the work on March 19, 2018.

Summary of Evidence

"2018 Highest 470" case

1. Statement by the defendant in court;

1. A report on the fact of secession from service and an explanatory note;

1. The case of "2018 Senior 829" table of the military service records of supplemental service;

1. Statement by the defendant in court;

1. A report on the details of violation of the duty of service and an investigation report;

1. A list of military service records in supplemental service;

1. Application of the Acts and subordinate statutes on receipt of a suspect’s certificate of absence from office without permission or his/her early retirement, verified after issuance of a warning to the suspect;

1. Subparagraph 1 (a point of leaving office), subparagraph 2 of Article 89-3, and Article 33 (2) 5 (a point of violation of a duty of service) of the relevant Act on criminal facts;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of the long-term punishments for two crimes);

1. Article 62(1) of the Criminal Act 1.

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