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A defendant shall be punished by imprisonment for not less than two months.
Reasons
Punishment of the crime
On November 23, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Military Service Act at the Seoul Southern District Court on June, 2012, and is currently under suspension of execution.
The defendant is serving as public service personnel at the D General Welfare Center in Geumcheon-gu Seoul Metropolitan Government (Seoul Geumcheon-gu Office).
No public duty personnel shall desert away from their service or serve in the relevant field for a total period of not less than eight days without justifiable grounds.
Nevertheless, the Defendant: (a) February 8, 2013; (b) February 8, 2013; (c) 21; (d) 26. (3);
3.1.1., 18., 19., 21., 22., 25., 26. (7 days);
4.3.4. (2) No later than 12 days left from service without good cause.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the accusation, a written investigation of a deviation from service, and the daily service situation department;
1. Article 89-2 subparag. 1 of the pertinent Act on Criminal Crimes, and Article 89-2 of the Military Service Act on the grounds of sentencing for sentence of imprisonment are prescribed by the statutory penalty only by imprisonment. While the Defendant was sentenced to suspended sentence for the same crime, he/she is bound to again sentence imprisonment with prison labor during the suspended sentence period.
However, in the event that the imprisonment of this case is finalized, the sentence shall be imposed for six months after the suspended execution is invalidated, the defendant shows his/her will to serve after release, the defendant must support his/her father and wife (the birth on January 28, 2013), and the defendant's age, character and conduct, environment, family relationship, etc. shall be determined as ordered by taking into account all the sentencing conditions shown in the records and arguments of this case, including the defendant's age, character and conduct, family relationship.