A defendant shall be punished by imprisonment for not more than ten 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

The Defendant, from November 19, 2015, was a social service worker working in the Yeonsu-gu Incheon Metropolitan City office, and was not absent from service for at least eight days in total, but was absent from service without permission from December 1, 2015 to December 21, 2015, and was absent from service for at least eight days in total without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes governing the accusation, investigation report on the escape from service, report on the escape from service, and table of service records in supplemental 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 on September 10, 2002 under the suspended sentence is that the defendant has a history of criminal punishment for violating the Military Service Act on September 10, 2002, the duty of military service is an essential duty to maintain the existence and security of the Republic of Korea, and this is an unfavorable condition to the defendant.

However, it is desirable to give the defendant an opportunity to complete military service and return to society once again, because the defendant is recognized to commit a crime in this court and is against the law.

In addition to the favorable circumstances, the defendant's age, sex, environment, motive and circumstance of the crime, circumstances after the crime, etc., and all the sentencing conditions in the process of the change shall be determined as ordered by taking into account the following factors.