A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

【Criminal Records】 On June 27, 2014, the Defendant was sentenced to a suspended sentence of three years for imprisonment with prison labor for special larceny, etc. at the Seoul High Court for the same year and six months.

7. 5. The judgment became final and conclusive.

【Criminal facts-related social service personnel】 They shall neither leave nor serve in the relevant field for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant, from Jun. 12, 2015 to Jun. 12, 2015, was serving as a social service personnel in W, who had been serving as a social service personnel, for at least eight days in total, from September 7, 2015 to September 11, 2015, and from the 14th to the 16th of the same month.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. A written investigation into the renunciation of service and daily status of service;

1. A written accusation;

1. Previous convictions: The application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (attaching sentence, etc.);

1. The Defendant committed the instant crime on the grounds of sentencing under Article 89-2 subparag. 1 of the pertinent Act regarding criminal facts by leaving his/her workplace without permission during the period of suspension of execution.

The provisions of the Military Service Act, which apply to the defendant, provide only imprisonment with prison labor, so the defendant is bound to be sentenced to a sentence of legal punishment.

In determining the term of punishment, it was considered that the period for the defendant to be exempted from military service can be considered and that the suspended sentence will be invalidated.

In addition, all other circumstances, such as the defendant's age, sexual conduct, developments and motive leading to the crime of this case, and circumstances before and after the crime of this case, which form the conditions for sentencing as shown in the records and arguments, shall be sentenced as the disposition.