A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[criminal record] On April 15, 2016, the Defendant was sentenced to six-month suspended sentence for violating the Military Service Act by the Seoul Central District Court on April 15, 2016, and became final and conclusive on April 23, 2016 and is still under suspended sentence.

[Criminal facts] The defendant shall not leave his office for at least eight days in total without justifiable grounds, while social service personnel shall not leave their office for at least eight days in the Yongsan-gu Seoul Metropolitan Government Office C.

Nevertheless, the Defendant deserted his service without good cause for a total of nine days, including October 13 to 14. (2), October 17 to 21, 2016 (5) and October 24 to 25. (2) of 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes of D;

1. The grounds for sentencing under Article 89-2 subparag. 1 of the pertinent Act regarding criminal facts include the following: (a) the Defendant’s mistake was divided for the reason of sentencing under Article 89-2 subparag. 1 of the Military Service Act; (b) the accused voluntarily surrenders to the police due to his failure to appear in the trial of this case; (c) there are no other criminal records in addition to the punishment of the Military Service Act; (d) there appears to be some circumstances to consider the motive and circumstances leading to the Defendant’s committing a crime, such as the Defendant’s home

However, in light of the fact that the Defendant was released from service and became final and conclusive on April 15, 2016, by being sentenced to six months of imprisonment and two years of suspended execution, and thereby committing the instant crime, which is the same kind of crime during the suspended execution period, the Military Service Act provides only a statutory punishment for the social service personnel who left service as a statutory penalty, etc., the sentence may not be imposed.

However, in light of the favorable circumstances as seen earlier, the age, sex, environment, background of the crime, circumstances after the crime, etc. of the defendant, the punishment as ordered shall be determined.