A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On June 10, 2016, the Defendant was sentenced to eight months of imprisonment for a violation of the Military Service Act by the Incheon District Court, and completed the execution of the sentence in the Incheon Detention House on December 26, 2016.

Criminal facts

The defendant is a social service personnel belonging to the Incheon Southern-gu Office D community service center in Incheon Nam-gu, Incheon, and social service personnel shall not break away from or serve in the relevant field for a total period of at least eight days without justifiable grounds.

Nevertheless, the Defendant, from January 16, 2017 to January 20, 2017, did not attend the above D community service center from January 23, 2017 to January 25, 2017, and did not leave the service for a total of eight days without good cause.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A written accusation, a written report on the escape from service, and a written investigation on the escape from service;

1. Previous convictions: Inquiries about criminal history, investigation reports (written rulings, confirmation of the date of release from prison, and inquiries about the current status of confinement of individuals), and the application of statutes;

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

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is that the Defendant re-offenders the instant crime during the period of repeated crimes solely on the grounds that the Defendant had already been subject to three times criminal punishment due to the violation of the Military Service Act, and that the distance is far and annoyed despite such fact.

However, the sentencing conditions indicated in the record, including the fact that the defendant recognizes the crime of this case and faithfully performs his service for the remaining period, shall be determined as ordered by the sentence.