However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

The defendant is a person who has served as a training soldier belonging to the Second Class of the Education Team for the 11-mechanic Sicks.

From November 20, 2018, the Defendant was admitted to the above association Heal Camping Camp to undergo a review of non-conformity with active duty service due to adaptation to service, mental illness, etc., and was absent from the military unit for the purpose of evading military service for about four hours from November 21, 2018, while visiting the red annual salary library located in Hongcheon-gun in Gangwon-do according to the education schedule at around 13:30, Nov. 21, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the occurrence of cases of a military inmate who is deprived of military service and arrest reports;

1. Article 30 (1) 3 of the Military Criminal Act applicable to a crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. Scope of applicable sentences under law: Six months to five years; and

2. The crime of this case to which the sentencing criteria are applied is not set.

3. Determination of sentence: The crime in this case for six months of imprisonment or one year of suspended sentence shall not be deemed to be a violation of the quality of a military unit without permission on the ground that the defendant does not go well to military life while serving as a training soldier;

However, this case's crime is recognized by the defendant, and is against the defendant's mental disease. The crime of this case seems to have affected the conclusion of the defendant's mental disease, and for that reason, the defendant is judged as a person with military duty and received an order of discharge on December 7, 2018 immediately after the instant case, and the period of secession from military duty is four hours, and the defendant was sentenced to a suspended sentence of fine due to violence committed by the defendant while serving as a training soldier.