병역법위반
A defendant shall be punished by imprisonment for not less than eight months.
Punishment of the crime
[criminal records] The Defendant was sentenced to a suspended sentence of two years for a violation of the Military Service Act at the Changwon District Court’s branch on January 8, 2015, and was sentenced to a suspended sentence of two years for a violation of the Military Service Act, and the said judgment became final and conclusive on January 16, 2015.
[2] Criminal facts, the Defendant, who works as social service personnel in Tong-young B located on the coast of 515 through Dong-young, through Dong-young, in the parallel of Dong-young, and did not work at the above workplace from December 18, 2012 to January 2, 2013, and was given the same judgment as that of the above criminal records, and again worked at the above workplace from February 2, 2013.
Although social service personnel shall not leave their service for at least eight days in total without justifiable grounds, the defendant, without justifiable grounds, was absent from their service due to the failure to work at the above work site for a total of ten days from September 21, 2015 to October 6, 2015.
Summary of Evidence
1. Statement by the defendant in court;
1. Accusation against a person who deserts from the service of social service personnel;
1. Application of Acts and subordinate statutes to a letter of the reason why he/she deserts his/her service;
1. The reasons for sentencing under Article 89-2 subparag. 1 of the former Military Service Act (amended by Act No. 13778, Jan. 19, 2016) regarding criminal facts are as follows: (a) the Defendant, who committed the instant crime during the period of suspension of execution due to the same kind of crime, was inevitably sentenced to a prison sentence; and (b) the Defendant’s age, sex, criminal conduct, circumstances leading to the commission of the crime, remaining service period of the Defendant, etc., was later divided, and subsequently, was determined as above, by taking into account the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the Defendant’s age, sex, criminal conduct, and the remaining service period of the Defendant.