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

[criminal power] On September 23, 2009, the Defendant issued a summary order of KRW 300,000 as a result of the violation of the Military Service Act at the Suwon District Court’s Eunpyeong site, and on July 27, 2012, the Defendant was sentenced to a suspended sentence of 8 months for the same crime at the Ulsan District Court.

【Criminal Facts】

The defendant shall not leave from service for at least eight days in total without justifiable grounds as social work personnel who have served in the Seoul Metropolitan Government Seo-gu Headquarters of the Korea Railroad Corporation in Pyeongtaek-si.

Nevertheless, the Defendant, for a total of eight days from June 16, 2014 to June 20 of the same month, and from June 23, 2014 to June 25, 2014, left from service without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A written accusation;

1. A fact-finding report on the escape from service and a statement on the escape from service;

1. Application of Acts and subordinate statutes confirming facts

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is that the defendant has been notified that he will return to public duty personnel service several times, but has left from service for a period exceeding eight days without justifiable grounds, even though he had been sentenced to a suspended sentence due to the same crime, he again commits a crime of escaping from service, and that the defendant would be expected to be on duty without serving as public duty personnel on the ground that he was sick.

However, in order to prevent the risk of recidivism, a suspended sentence shall be imposed in consideration of the fact that the defendant is divided into his crime, the fact that the defendant's health condition seems to be one of the causes from the escape of his service, and the fact that the defendant's order, etc. is considered, and the probation is imposed on the condition that