병역법위반
A defendant shall be punished by imprisonment with prison labor for up to six months.
Punishment of the crime
[criminal history] On September 4, 2015, the Defendant was sentenced to six months of imprisonment for a violation of the Military Service Act at the Cheongju District Court, and completed the execution of the sentence at the Cheongju prison on March 3, 2016.
[ criminal facts] The defendant is a person who serves as a social service personnel in Heak-gu Seoul Metropolitan City as a social service personnel.
Social service personnel shall not desert from their service for at least eight days in total without justifiable grounds.
Nevertheless, the Defendant, on May 13, 2016, deserted from May 16, 201 to May 201, 5 days from May 16, 2016, 17 days from June 17, 2016, 1 days from June 17, 2016, and 1 days from March 21, 2017 without justifiable grounds.
Summary of Evidence
1. Statement by the defendant in court;
1. A written accusation, a daily statement on the status of service, a written investigation on the status of service, and a written investigation on the fact of secession from service;
1. A previous conviction: A reply to inquiry, such as criminal history, confirmation of the date of the completion of the suspect's punishment, and application of the same criminal record and the same Act
1. Subparagraph 1 of Article 89-2 of the Military Service Act concerning facts constituting an offense;
1. Although there are circumstances, such as the repeated crime of the same kind during the period of repeated crime on the grounds of sentencing Article 35 of the Criminal Act, the Defendant’s intention to engage in the same type of crime is expressed again, the remaining service period is relatively short, the Defendant’s age, sex, conduct, intelligence and environment, motive, means and consequence of the instant crime, circumstances after the instant crime, etc. are considered, and the sentence is determined as per Disposition.