A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The Defendant was a soldier or a veteran of the 25th Assistant Class C, who was a soldier or a veteran of the 71st Class C.

Since the Defendant left a military unit after receiving a regular leave from November 10, 2014 to November 23, 2014, the Defendant was forced to return to the military unit without justifiable grounds despite the fact that he/she should return to the military unit during the 71st period of the 25th period of the 71st period of the 71st period of the 71st period of the 25th period of the 71st period of the 2014 period of the 2014 period of the leave.

Summary of Evidence

1. Partial statement of the defendant;

1. An interrogation protocol of the accused by the military judicial police officer;

1. A written report, a written confirmation of escape, and an explanatory note for escape;

1. A service certificate or a written confirmation of military register;

1. Application of basic daily legislation;

1. Article 30 (2) and (1) 3 of the Military Criminal Act applicable to the facts constituting a crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Judgment on the assertion of the defendant and his/her defense counsel under Article 62(1) of the Criminal Act (resumed grounds for discretionary mitigation)

1. The summary of the argument is merely a delay of about 27 minutes from the expiration date of leave and it is difficult to view that the Defendant was “not returning to military units or duties within a reasonable period” under Article 30(2) of the Military Criminal Act.

2. The crime of evading military service is a crime for which the purpose of evading military service is to commit a crime of evading military service. If a soldier, without permission from the military unit to which he belongs, or fails to return to the military after leaving the military without any justifiable reason, it shall be presumed that there was an objective of evading military service, barring any other circumstances, and the crime of evading military service is completed simultaneously with the act of evading military service is completed. Thus, it shall not affect the nature of

(see Supreme Court Decision 85Do2674, Nov. 1, 1986). The evidence duly adopted and examined by this court and the above legal principles reveal that the defendant does not return to the affiliated military unit until November 23, 2014, when the leave expires, and at the same time the defendant's crime of escaping from military service was completed.