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(영문) 부산지방법원 2018.02.21 2017고단6362
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the enforcement of this sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

From May 27, 2017, the Defendant, as a social service personnel, was absent from work without any justifiable reason on July 14, 2017, July 18, 2017; the same month; the 20th of the same month; and the 24th of the same month; from September 1, 2017 to September 1, 2017, while serving in the vocational rehabilitation facilities for persons with disabilities in Busan located in the same Dong for at least eight days in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on accusation - A survey report on the escape from each service, and an investigation report on a violation of service;

1. Investigation report (Attachment of a certificate of service) - Application of Acts and subordinate statutes of a certificate of social service personnel;

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

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is deemed to have been absent from office without permission for not less than eight days as social service personnel, and the criminal liability is bad.

However, considering the fact that the defendant is against the defendant, there is no particular criminal record, the fact that he/she is faithfully serving in the future, and other circumstances that are conditions for sentencing, such as the age, sex, environment, motive and circumstances of the crime, etc., the punishment as the order shall be determined.

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