A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

Social work personnel, art and sports personnel, or alternative military service personnel shall not desert away from their service or serve in the relevant field for at least eight days in total without justifiable grounds.

On June 11, 2007, the Defendant, despite having been called a social work personnel member C in Echeon-si B, 2007, left from service without justifiable grounds for a total of 3,881 days from December 26, 2008 to August 11, 2019.

Summary of Evidence

1. A daily service status book of the defendant's written statement in court;

1. Application of Acts and subordinate statutes to a written investigation of evasion from military service or military register;

1. Subparagraph 1 of Article 89-2 of the relevant Act on criminal facts;

1. Article 62(1) of the Criminal Act provides that the period of the Defendant’s deprivation of service is long, and the Defendant is still subject to a suspended sentence of imprisonment after having been discharged from service in 2008. As such, the Defendant’s criminal liability is not weak.

However, in 2019, the defendant voluntarily reported the withdrawal from military service to the Military Manpower Administration and fulfilled all the remaining social service.

The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.