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(영문) 청주지방법원 2020.11.25 2020고단1385
병역법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a social work personnel member who works in Jincheon-gun B.

Social work personnel shall not desert from their service for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant, on May 4, 2020 (1), from May 11, 2020 to May 15, 2020 (5 days), and from May 18, 2020 to May 20, 202, the Defendant left from the service due to the Defendant’s failure to work without justifiable grounds for a total of nine days (3 days) from May 18, 2020 to May 20, 202.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the Ministry of Employment and Labor, a written investigation of escape from service, and daily service situation records;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. One month to three years from the date of imprisonment with prison labor within the applicable sentencing range by law; and

2. The sentence shall be determined as ordered in comprehensive consideration of six months of imprisonment with prison labor, the background of the suspended sentence of two years, the age, character and conduct, environment, motive, means and result of the crime, and the circumstances before and after the crime;

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