A defendant shall be punished by imprisonment for six months and by a fine of thirty million won.

If the defendant does not pay the above fine, 100.

Punishment of the crime

[2015 Highest 765] The Defendant was called as public interest service personnel on October 4, 201, and was in charge of general administrative support at the D community service center located in Osan City from November 26, 2012 to Osan City.

The Defendant on December 26, 2012, the 27th day of the same month, the 28th day of the same month, the 31st day of the same month, the 2nd day of the same month, the 3th day of the same month, the 4th day of the same month, and the 7th day of the same month.

8. He/she did not attend the D community service center to which he/she works while leaving his/her house and living together for nine days, such as a day off;

Accordingly, the defendant has deserted his service for not less than 8 days in total without justifiable reasons.

[2015 Highest 888] The Defendant is liable for military service as social work personnel.

Where a person liable for military service uses his/her residence, a move-in report shall be made within 14 days.

Although the Defendant moved his residence to Busan E, 301 on January 10, 2013, the Defendant did not file a move-in report within 14 days without justifiable grounds.

Summary of Evidence

[2015 Highest 765]

1. Defendant's legal statement;

1. A written investigation of the escape from service and an inquiry of the status of service;

1. Defendant's legal statement;

1. Application of a written investigation of deviation from service and statutes governing resident registration cards;

1. Subparagraph 1 of Article 89-2 of the former Military Service Act (amended by Act No. 11849, Jun. 4, 2013; hereinafter the same shall apply); Articles 84 (2) and 69 (1) of the former Military Service Act (amended by Act No. 11849, Jun. 4, 2013; hereinafter the same shall apply);

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In the case of a violation of the Military Service Act on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, it is inevitable to render a sentence in that the defendant committed the same kind of crime during the suspension of the execution of imprisonment, who was sentenced to the suspension of the execution of imprisonment due to an unauthorized deprivation of duty.

The period of imprisonment is a number of sentencing conditions, such as the fact that the defendant is against himself and the circumstances of the crime.