병역법위반
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 became final and conclusive.
Punishment of the crime
On September 10, 2012, the Defendant was called up as social work personnel on September 10, 2012 and served in Bupyeong-gu Office in order to re-designated the service institution on April 10, 2014, and serve in the office of Manyang-gu Office in Ansan-si.
A social work personnel member shall not leave his/her service for at least eight days in total without justifiable grounds, but the defendant was absent without justifiable grounds on August 23, 2013; < Amended by Act No. 11690, Sep. 3, 2013; Act No. 1284, Jul. 8, 2014; Act No. 12844, Sep. 17, 2014; Act No. 12844, Sep. 25, 2014; Act No. 12844, Sep. 26, 2014; Act No. 12843, Oct. 20, 2014; Act No. 12847, Oct. 22, 2014; Act No. 12847, Oct. 23, 2014; Act No. 12847, Oct. 24, 2014; Act No. 128
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. A written statement of a person responsible for social work personnel;
1. Application of the Acts and subordinate statutes governing the filing of an accusation, investigation of departure from service, and supplemental service records;
1. Subparagraph 1 of Article 89-2 of the relevant Act on criminal facts;
1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant faithfully serves in the line of duty, and there is no record of punishment exceeding the fine, the defendant has been notified of two summary orders due to a crime during the period of service, and the defendant's age, character and conduct, family relationship, criminal records, criminal records, the circumstances of this case, and the progress thereafter, shall be determined by comprehensively taking into account the following conditions for sentencing.