The Defendant suspended his service from August 3, 2015 to February 2, 2016 on the ground of his livelihood among social service personnel working in the Seo-gu Incheon Office C division.

Social service personnel shall not leave their service or not serve in the field concerned for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant, whose period of installment service expires, was from February 3, 2016 to February 5, 2016; from February 11, 2016 to February 12, 2016; and from February 15, 2016 to February 17, 2016; and the Defendant, as a social service personnel, went away from his/her service as a social service personnel for eight days without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes, such as a written accusation and a statement of secession from service;

1. There is a need to strictly punish a defendant's act of leaving military service without fulfilling his duty to perform military service as a citizen of the reason for sentencing under Article 89-2 subparagraph 1 of the Military Service Act regarding criminal facts.

The Defendant had been sentenced to two times due to nonperformance of reporting his domicile under the Military Service Act, and was placed in the line of probation on the crime of refusing to convene a meeting under the Military Service Act on 2014, and was given due consideration to the Defendant’s acceptance of the Defendant’s request for suspension of his/her service to maintain his/her livelihood, but was missing from the date of his/her re-service and went away during the suspension period.

Accordingly, the defendant is sentenced to punishment.

However, it is decided as per Disposition in consideration of the fact that the defendant's mistake is recognized and reflected, and that the defendant's performance of duty of military service is faithfully, and that he/she has deserted his/her service due to his/her age, sex, environment, living conditions, etc., and all kinds of sentencing conditions, such as the circumstances before and after the crime, etc.