beta
Text
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for 3 years from the date of the conclusion of the judgment.
Reasons
Punishment of the crime
On October 24, 2005, the Defendant called as public interest service personnel on November 9, 2009, served in the Nam-gu Seoul Metropolitan City E division from November 18, 2010.
During the period from January 21, 2010 to January 12, 2011, the Defendant left from service due to the Defendant’s failure to work for at least eight (8) days in total with D Social Welfare Center located in the Gu, Sinsi-dong, Namgu, Daegu-gu, Seoul-gu, Seoul-gu, without good cause.
Summary of Evidence
1. Defendant's legal statement;
1. Application of each of the Acts and subordinate statutes in the written accusation and written statement of public official in charge;
1. Subparagraph 1 of Article 88-2 of the former Military Service Act (wholly amended by Act No. 11849, Jun. 4, 2013) regarding criminal facts
1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter the grounds for sentencing) of the suspended sentence is that the Defendant was sentenced to a two-year suspended sentence for a violation of the Military Service Act in the Daegu District Court Kimcheon Branch on October 21, 2009 and was sentenced to a two-year suspended sentence on October 29, 2009, which became final and conclusive on October 29, 2009, and committed the instant crime. However, even if the Defendant had been under suspended sentence, the Defendant had remaining for 4 months, performed the remaining public service for 4 months, and the social work personnel of the Korea Social Welfare Center wanted to be aware of the Defendant, and there are some circumstances that may be taken into account in the process of the Defendant’s escape from service, such as the fact that the Defendant had faithfully performed his duty during the remaining period of service, and that the Defendant has faithfully performed his duty during the remaining period of service, the sentence is determined as per the order.