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 two years from the date this judgment became final and conclusive.

Punishment of the crime

The Defendant was called as a social service personnel on November 6, 2015 and is currently serving at C Hospital in Eunpyeong-gu Seoul at present.

While serving as a social service personnel, the Defendant retired from his/her service without justifiable grounds during the period from November 25, 2015, November 26, 2015, March 2, 2016, March 4, 2016 to March 9, 2016, without justifiable grounds.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. A written investigation of renunciation of service;

1. Application of Acts and subordinate statutes governing daily service conditions;

1. Subparagraph 1 of Article 89-2 of the Military Service Act concerning facts constituting an offense;

1. The defendant's reason for sentencing under Article 62 (1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) is that he will faithfully fulfill his duty of military service in breach of his mistake.

The punishment shall be determined as ordered in consideration of the various sentencing conditions shown in the pleadings of this case, such as the fact that the defendant is taking place, the first offender, the age, sexual conduct, environment, motive and circumstance of the crime, and the circumstances after the crime.