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(영문) 수원지방법원성남지원 2020.11.11 2020고단1302
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 who work for C's children's center in the 3th floor in Seongbuk-gu, Sungnam-si.

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

Nevertheless, the Defendant was absent from office for the period from December 19, 2019 to December 20, 2019 (2 days), from December 23, 2019 to December 24, 2019 (2 days), from December 26, 2019 to December 27, 2019 (2 days), from December 30, 2019 to December 31, 2019 (2 days); from January 2, 200 to December 31, 200 (2 days); from January 3, 200 to January 3, 200; from January 6, 2020 to October 24, 2019 to December 27, 201 (20 days); from January 20 to 30, 200 to December 10, 200 (20 days); from December 21, 2013 to December 20, 2015).

Accordingly, the defendant, as a social work personnel, has deserted his service for at least eight days in total without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Accusation against social work personnel who violate the Military Service Act;

1. Application of Acts and subordinate statutes of the Ministry of Land, Infrastructure and Transport to a fact-finding report on a secession from service, a statement of secession from service;

1. Relevant Article 89-2 subparagraph 1 of the Military Service Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act suspended execution (i.e., taking into account the following circumstances: (a) the defendant has a deep depth of committing a crime as a primary offender; (b) the defendant is going to return to his workplace and perform his normal service; and (c) his family has been living in Korea for at least ten years in the United States; and (d) the defendant has returned to Korea for at least ten years on January 2018; and (e) the crime of this case has been committed under

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