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 a period of two years from the date this judgment becomes final and conclusive.
Criminal facts
No social service personnel shall desert from their service for at least eight days without justifiable grounds.
The Defendant retired from his service without justifiable grounds from November 28, 2016 to December 6, 2016, and from December 19, 2016 to January 6, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. A written accusation, a written investigation into the escape from service, a written notification about the result of each application for divided service, an application for division of social service personnel, and a written fixed number of staff members, such as a clerk;
1. Application of Acts and subordinate statutes to a report on investigation (Attachment to the status of service);
1. Subparagraph 1 of Article 89-2 of the Military Service Act concerning facts constituting an offense;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The period of and reasons for escaping from the service of sentencing under Article 62-2 of the Criminal Act, records of the same kind and punishment of the accused, reflectivity, etc. shall be determined as ordered by taking into account the period of and reasons for the escape from the service of sentencing;