A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The facts charged were appropriately revised to the extent that it does not impede the defendant's exercise of right to defense.

On December 11, 2017, the Defendant was discharged from military service on August 17, 2018, and was discharged from military service on December 11, 2018, while serving as a member of the 27 Military Service Association C.

On May 19, 2018, the Defendant: (a) on May 19, 2018, the first regular leave from the foregoing affiliated unit located in YYD; and (b) on May 26, 2018, the Defendant was required to return to the affiliated unit by May 26, 2018; (c) however, the Defendant did not return to the affiliated unit until May 27, 2018 for the purpose of evading military service and did not return to the affiliated unit.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared by E (the net eight times);

1. Application of Acts and subordinate statutes to report the occurrence and arrest (1) of the relevant statute;

1. Article 30 (1) 3 of the Criminal Act of the relevant Article of the Military Criminal Act concerning a crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62(1) of the Criminal Act (the grounds for sentencing, repeated as favorable to the following reasons)

1. Scope of applicable sentences under law: Six months to five years; and

2. Crimes of secession from military service are not set on the sentencing criteria.

3. Determination of sentence: The defendant requires a punishment corresponding to his responsibility, in light of the fact that the defendant was not reinstated to a military unit for the purpose of evading military service after his regular leave of absence after his military service as a single soldier, for six months of imprisonment, or for one year of suspended execution.

However, the following circumstances are considered as favorable to the Defendant: (a) the Defendant appears to recognize and reflect the instant crime; (b) the first offender who has no criminal history prior to leaving military service; (c) the time of leaving military service; and (d) the fact that he was subject to a disposition to be transferred to the wartime labor service under the Military Service Act; and (c) other circumstances revealed in the record and pleadings, such as the Defendant’s age, sexual behavior, environment, health status, family relationship, method and circumstance after committing the crime.