A defendant shall be punished by imprisonment for not less than five months.

Punishment of the crime

On August 30, 2013, the Defendant was sentenced to five months of imprisonment for a violation of the Military Service Act at the Seoul Northern District Court, and completed the execution of the sentence on January 27, 2014.

The Defendant is a person who has worked as a social work worker in Seoul Special Metropolitan City, Nowon-gu.

The Defendant did not work at the workplace from March 11, 2014 to the 14th of the same month, from April 1, 2014 to the 3th of the same month, and from June 12, 2014 to the 17th of the same month, on the ground that his/her duties are not appropriate.

Accordingly, the defendant left his service for a total period of not less than 8 days without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation, a written notification on personal change, and a report on escape from service;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, personal identification and current status of confinement;

1. Article 89-2 (1) of the Military Service Act concerning criminal facts;

1. Article 35 of the Criminal Act provides that the defendant, for the reason of sentencing of repeated crime, has been sentenced to imprisonment with prison labor for the same criminal records and repeated the crime of this case during the period of repeated crime.

However, the punishment shall be determined by taking into account the fact that the defendant seems to have reached the crime as a result of influence or other mental problems, the fact that he or she has expressed his or her mistake that he or she will work for the public interest in the future as well as the age and family relationship of the defendant, etc., and other various sentencing conditions