beta
Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal history] On October 7, 2015, the Defendant was sentenced to eight months of imprisonment for a violation of the Military Service Act by the Daejeon District Court, and on May 7, 2016, the Defendant completed the execution of the sentence in the branch of the Daejeon Correctional Institution.
[Criminal facts] The Defendant is a social service worker of Daejeon City Railroad C.
Social service personnel shall not leave their post or serve in the relevant field for at least eight days in total without justifiable grounds.
Nevertheless, the Defendant, without good cause, was absent from office for three days from September 16, 2016 to September 18, 2016, was absent from office without permission; three days from September 21, 2016 to September 23, 2016; and three days from September 26, 2016 to September 28, 2016, was absent from office without permission for at least eight days in total.
Summary of Evidence
1. Statement by the defendant in court;
1. The accusation book, a report on the fact that he/she has deserted from his/her service, and a daily service status book;
1. Previous convictions in judgment: The results of inquiry, such as criminal history, report on investigation (report attached to the same type of judgment), and application of Acts and subordinate statutes concerning personal confinement;
1. Subparagraph 1 of Article 89-2 of the Military Service Act concerning facts constituting an offense;
1. Circumstances unfavorable to sentencing under Article 35 of the Criminal Act for aggravated repeated crimes: The circumstances favorable to the defendant who committed the instant crime during the period of repeated crimes, not against the fact that the defendant had been already subject to two times of criminal punishment due to the violation of the Military Service Act, but committed again during the period of such repeated crimes: The defendant recognizes and reflects the instant crime, and the above circumstances and the defendant's age, sex, environment, circumstances of the crime, means and consequence, etc., shall be determined as ordered in consideration of all the sentencing conditions, such as the following circumstances