A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[criminal power] On November 23, 2007, the defendant was sentenced to a suspended sentence of six months for a violation of the Military Service Act at the Seoul Central District Court, and on December 30, 2008, the defendant was sentenced to a prison term of six months for the same crime at the same court on February 19, 2009, and the sentence of the suspended sentence became effective upon the final judgment on February 19, 2009. The Seoul Detention House paroled on September 30, 2009 and passed on November 17, 2009.

【Criminal Facts】

The defendant is a public duty member belonging to the Seoul Matro service support group.

The Defendant deserted from his service on October 24, 2009; January 12, 2010 to January 16, 2010; January 19, 2010 to January 20, 201; and January 20, 2010 to January 20, 201, by failing to work at the above service support group for at least eight days in total without justifiable grounds.

Summary of Evidence

【Criminal Facts in the Market】

1. Defendant's legal statement;

1. A written accusation against a person who has retired from the military service and a written accusation, a written investigation of a person who has retired from the military service, a daily military service situation register, and a work status register (pre-trial record);

1. A criminal investigation report (Attachment to written judgments) and a copy of judgment;

1. Current status of the number or accommodation of each individual;

1. Application of statutes concerning criminal records;

1. Subparagraph 1 of Article 89-2 of the Military Service Act concerning criminal facts;

1. It is so decided as per Disposition on the grounds that the sentence of imprisonment with prison labor for six years or more with prison labor for the sentencing of Article 35 of the Criminal Act among repeated offenders is imposed [the following circumstances that are unfavorable to the Defendant, namely, ① the crime committed in this case during the period of repeated crime due to the previous and previous crimes, such as the statement of criminal records, ② even during the period of parole, the execution of the sentence against the Defendant who deserts from the service as public duty personnel even during the period of parole is considered as being negative and negative.].