A defendant shall be punished by imprisonment for six months.

except that 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

The defendant is serving as social work personnel in the Korea Railroad Corporation D Station located in Yongsan-gu Seoul Metropolitan Government.

The Defendant was absent without permission for two days from February 22, 2016 to February 23, 2016, for two days from April 28, 2016, for two days from May 16, 2016 to May 17, 2016, for two days from June 28, 2016, for nine days from August 14, 2016 to August 15, 2016.

Accordingly, the defendant, as a social work personnel, has deserted his service for at least eight days in total without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on a personal change report, a statement on escape from each service, a fact-finding report on escape from each service, and social work personnel service marks;

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

1. The crime of this case committed by a defendant replacing the duty of military service for the reason of sentencing under Article 62(1) of the Criminal Act is not good in view of equity with active duty service personnel. However, the crime of this case committed by a defendant, who is changing the duty of military service without permission, shall be sentenced to the same sentence as the disposition in consideration of the following circumstances: the defendant's mistake is divided and reflected; the defendant has no record of committing a crime; the defendant has to work faithfully during the remaining service period; the defendant's age, character, character, environment, family relationship; the motive and consequence of the crime; and other circumstances that are conditions for sentencing as shown in the argument of this case.