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Reasons
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(영문) 수원지방법원 안산지원 2015.05.22 2015고단788
병역법위반등
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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. From October 22, 2014 to October 22, 2014, the Defendant was a person who served as a social work personnel at an Ansan-si Hospital, and was unable to break away from his service for a total period of at least eight days or not to serve in the field concerned, without justifiable grounds, for a total period of at least eight days since November 24, 2014 to December 28, 2014; from December 1, 2014 to December 5, 2014; from December 8, 2014 to the same month; from December 12, 2014 to the same month; from January 12, 2015 to the 15th of the same month.

2. The Defendant and the victim D (year 17) lived in the Defendant’s house when the victim sent out through “E”, an Internet NAVC, and became aware of.

Around 02:00 on February 23, 2015, the Defendant, at the residence of the Defendant located in Ansan-si F, whose name the Defendant was born and her husband and wife fighted, and was drunk, and the victim was her fluent while living together with the Defendant’s children, and was her fluent, so that the victim’s face was her fluent, and the victim was her fluent, and the victim was her fluent, and the victim’s face was her fluent, and the victim was her fluent, and the victim was her fluent, and the victim was her fluent, and the victim was her her bluent with the Defendant’s her fluent with the Defendant’s fluor, and the victim’s face was her fluent with the victim’s fluent with the Defendant’s fluent child.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written accusation;

1. Application of Acts and subordinate statutes to damaged parts, diagnostic photographs and diagnostic reports;

1. Relevant Article of the relevant Act on criminal facts, subparagraph 1 of Article 89-2 of the Military Service Act (a point where he/she deserts his/her service for not less than eight days without good cause), Article 257 (1) of the Criminal Act and choice of imprisonment for each sentence;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 of the Criminal Act:

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