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(영문) 서울중앙지방법원 2013.12.13 2013고단5107
병역법위반
Text

A defendant shall be punished by imprisonment for not less than eight 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

From March 16, 2012, the Defendant is a public duty personnel who has been assigned to C University located in Gwanak-gu in Seoul Special Metropolitan City and has been in charge of general administrative support affairs.

No public duty personnel shall desert from their service for at least eight days in total during the period of service without justifiable grounds.

Nevertheless, the Defendant, from June 19, 2013 to July 3, 2013, retired from service without justifiable grounds for 11 days in total.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's interrogation protocol of the accused;

1. Written accusation and accompanying documents;

1. Application of Acts and subordinate statutes to a written investigation of a breach of service and an explanatory reason for breach of service;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act for the remaining military service period;

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