A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

[criminal history] The Defendant was sentenced to a suspended sentence of 8 months on September 13, 2017 for a violation of the Military Service Act in Daegu District Court racing support and sentenced to a suspended sentence of 2 years on September 21, 2017, which became final and conclusive on September 21, 2017.

[Criminal facts] The Defendant is a person who serves as a social service personnel at the office to support the Gyeongbuk-do racing, which is located 9, from the beginning of the Seocho-si.

Social service personnel shall not desert from their service for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant, from December 14, 2017 to December 15, 2017, retired from service without justifiable grounds for a total of eight days, including two working days, from December 19, 2017 to December 22, 2017, four working days from December 19, 2017, two working days from January 2, 2018 to January 3, 2018, etc.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A written accusation - A written investigation of the escape from service and a written investigation of the escape from service;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. The reason for sentencing under subparagraph 1 of Article 89-2 of the pertinent Act on criminal facts, in consideration of the importance of performing the duty of military service assigned to the citizens of the Republic of Korea to punish the Military Service Act only as imprisonment with prison labor for the secession of the duty of military service of social service personnel;

Therefore, the defendant's act of serving as social service personnel and leaving his service for a total of eight days without good cause is heavier than his responsibility.

In addition, in 2017, the defendant is under probation after being sentenced to a suspended sentence of imprisonment for violating the Military Service Act.

However, the sentencing conditions, such as the defendant's age, sexual conduct, environment, circumstances after the crime, etc., shall be comprehensively considered and determined as ordered by the defendant.