A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 18, 2018, the Defendant enlisted in the Army Training Center located within the territory of the Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do and served as a training soldier belonging to the 28 Educational Team C.

On April 19, 2018, the Defendant left a military unit beyond a fence near the 19th Army Training Center on the ground that he was not able to lead a military life, following a close physical examination conducted by around 18:40 on April 19, 2018.

Accordingly, the defendant, with a view to evading military service, went away from military units or duties.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each written statement of D and E;

1. Application of Acts and subordinate statutes to report the occurrence of a case under military service;

1. Article 30 (1) 3 of the Criminal Act of the relevant Article of the Military Criminal Act concerning a crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the grounds for sentencing) lies in the military unit without permission on the ground that the Defendant, as a result of a close physical examination following the date he was admitted to the Army Training Center to the Army Training Center, did not lead well to the military life in which he/she was judged to return home, and the nature of the crime is not somewhat weak.

However, the Defendant was the first criminal without any previous conviction, and the Defendant committed the instant crime against his mistake while committing the instant crime, and the Defendant seems to have committed the instant crime in a dynamic and contingent manner.

In addition, the defendant returned to the military unit in order according to the opinion of the taxi engineer, and the period of leaving military service is about 3 hours. The defendant's age, occupation, sex, environment, motive, means, results, etc. of the crime of this case, and the circumstances shown in the records and arguments of this case, such as the circumstances after the crime, shall be determined as ordered by taking into account the following circumstances.