1. The defendant shall be punished by imprisonment for eight months and a fine of two thousand won; and

2. The defendant does not pay the above fine.

Punishment of the crime

[2013 Highest 3802] The defendant shall not leave from office or serve in the field concerned for a total period of eight days or more without justifiable grounds as a public interest service personnel who served in the urban management and transportation administration division of Kimhae-si.

As the Defendant applied for divisional service as public duty personnel on January 2, 2012 and suspended his/her service as public duty personnel from January 9, 2012 to July 8, 2012, the Defendant ought to resume his/her service from July 9, 2012.

Nevertheless, the Defendant, from July 9, 2012 to the 13th day of the same month, was absent from service for a total period of not less than eight days due to his failure to return to the public interest service personnel without justifiable grounds during the period from July 16 to the 18th day of the same month.

[2013 Highest 3856] Defendant is liable for military service.

When a person liable for military service moves his place of residence, he shall make a move-in report in accordance with Article 16 of the Resident Registration Act within fourteen days.

Nevertheless, on December 2012, 2012, the Defendant moved his/her place of residence to Dongsi-si D in the Seocho-si Kimhae-si, 104 Dong 302, but did not move to a move-in report without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of F’s written Acts and subordinate statutes;

1. Article 89-2 subparagraph 1 of the relevant Act on criminal facts, Article 89-2 of the Military Service Act (the point of escape from service) and Article 84 (2) of the Military Service Act (the point of non-performance of obligation to report transfer, and the selection of fines);

2. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

3. Article 62 (1) and (2) of the Criminal Act on the stay of execution (including the fact that the defendant is faithfully serving in return for his mistake, etc.);

4. Probation of the Criminal Act;

5. It is so decided as per Disposition for the reason under Article 334(1) of the Criminal Procedure Act above.