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

Punishment of the crime

On November 17, 2011, the Defendant was sentenced to four months of imprisonment with prison labor for a violation of the Military Service Act at the Jung-gu District Court, and completed the execution of the sentence on September 10, 2012, and was serving as public interest service personnel in the Dong Branch C Station of the Korea Railroad Corporation.

1. From February 14, 2013, around 05:50, the Defendant: (a) made a false statement to the E, a worker on duty, who was a worker on duty, in the C Station customer support room located in Namyang-si, with the amount of KRW 2,743,00,00 in cash of the victim F management in the face of the customer support room, in order to verify this by taking advantage of the gaps between the said E and outside of the customer support room.

2. The Defendant violated the Military Service Act: (a) was absent from service for at least eight (8) days in total due to the Defendant’s failure to attend the said C Station without justifiable grounds from February 14, 2013 to March 11, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared by the F;

1. On-site reports (CCTV analysis);

1. A written accusation and a written statement of escape from service;

1. Previous records: Criminal records, etc. inquiry reports and the application of Acts and subordinate statutes to investigation reports;

1. Relevant Article 329 of the Criminal Act and Article 329 of the Criminal Act concerning criminal facts and subparagraph 1 of Article 89-2 of the Military Service Act (the point of escape from service);

1. Article 35 of the Criminal Act for aggravated repeated crimes (as such, each of the above crimes has been committed)

1. An unfavorable circumstance, such as the fact that the defendant was sentenced to a punishment for a violation of the Military Service Act for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes and the completion of the enforcement thereof, and thus, again commits the instant crime, the defendant has yet to be punished as ordered by taking full account of all the circumstances revealed in the arguments, including the following: (a) the defendant’s environment, the background leading up to the commission of the crime, the circumstances leading up to the crime, etc.; and