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(영문) 서울북부지방법원 2019.05.16 2019고단748
병역법위반
Text

A defendant shall be punished by imprisonment for four months.

Provided, That the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a social work personnel belonging to the C Welfare Center located in Gangnam-gu Seoul Metropolitan Government B.

A social work personnel member shall not leave his office or not serve in the field concerned for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant, even from December 12, 2018 to December 13, 2013 of the same month, was absent from service due to the Defendant’s failure to attend without justifiable grounds, from January 18, 2019, January 21, 2019 to January 22, 2019, from February 11, 2019 to February 12, 2019; and from February 15, 2019 to February 8, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes, including a fact-finding report on a secession from service and reasons therefor;

1. Subparagraph 1 of Article 89-2 of the relevant Act on criminal facts;

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

1. The fact that the defendant for the reason of sentencing under Article 62-2 of the Criminal Act on Probation is deemed to faithfully perform his/her social service, and other various sentencing conditions, such as the defendant's age, character and conduct, environment, records, records, circumstances after the crime, etc., shall be determined as the order.

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