A defendant shall be punished by imprisonment for not less than eight 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 has served as social service personnel belonging to Seoul metro, and has been engaged in disaster and safety management duties in 1st line C in Seoul Jung-gu.

The Defendant, from June 15, 2015 to June 16, 2015, was absent from work for two days; for three days from May 31, 2016; for three days from June 1, 2016 to May 5 of the same month; for 13 days from August 6, 2016 to 22 of the same month; and for 19 days from August 6, 2016 to 13 days without good cause; and was absent from work for at least eight days in total without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a charge, a written accusation, and a fact investigation that deserts 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 of the suspended sentence is that the crime of this case in which the defendant failed to perform his duty of military service properly is not good, but the defendant shows his attitude to reflect and faithfully serves.

In addition, the reason for sentencing prescribed in Article 51 of the Criminal Act shall be considered and sentenced as per the disposition.