A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

[Criminal Power] On December 15, 2009, the Defendant was sentenced to six months of imprisonment due to night residence intrusion theft, etc. at the Busan District Court on May 8, 2010, and completed the execution of the sentence at the Busan Detention Center.

【Criminal Facts】

From August 6, 2001, the Defendant left his service on April 25, 2002 while serving as public interest service personnel at the Daegu District Court, the Gun Office of the Armed Forces of the North Korean Army, which was located in the Gyeonggi-do Military Branch, and was ordered to suspend service on May 13, 2002.

No public duty personnel shall desert from their service for at least eight days in total without justifiable grounds.

Nevertheless, on October 26, 2011, the Defendant, at the Defendant’s home located in Daegu Suwon-gu B 301, sent a “Notice of Service of Service Period” from October 31, 201 to re-service, and, without justifiable cause, went to service for at least eight days in total due to the Defendant’s failure to attend the said registry for at least 11 days from October 31, 201 to November 14, 201 without justifiable grounds.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1. Service notice and post delivery notice;

1. Each investigation report (Binding a written statement, etc. of a person responsible for filing an accusation and verifying whether a suspect has suspended his/her service);

1. Previous convictions in judgment: Application of criminal records, reply reports, Busan District Court Decision (2009No4222), investigation reports, and Acts and subordinate statutes;

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

1. It is so decided as per Disposition for the reason under Article 35 or more of the Criminal Act among repeated crimes;