A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

From September 4, 2014, the Defendant works as public interest service personnel in the Seoul Headquarters B of the Korea Railroad Corporation and serves as public interest service personnel.

No public duty personnel shall leave his/her place of service or fail to serve in the relevant field for at least eight days without justifiable grounds.

Nevertheless, the Defendant did not work without any justifiable reason on October 14, 2014, from November 7, 2014 to August 8 (2), September 8, 2016, (1), November 4, 2016, (1) December 16, 2016, (1) December 21, 2016, (1) and (4) January 4, 2017.

Accordingly, the defendant has deserted his service for not less than eight days in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a written investigation of deserting from service;

1. Subparagraph 1 of Article 89-2 of the Military Service Act concerning facts constituting an offense;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant does not faithfully perform his duty of military service and deserts his duty of military service is not good, but that the defendant shows an attitude against his will and that he is the first offender.

In addition, punishment shall be determined in consideration of the sentencing conditions under Article 51 of the Criminal Act.