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 has served as a training soldier from December 3, 2019 to the 23th Team B.

At around 11:40 on December 5, 2019, the Defendant: (a) taken out from the living room in the middle-class 1 small-scale 4 minutes in the middle-class 2 of the second Gaba in C; (b) on the ground that it is difficult for the Defendant to live in the military; (c) taken out from the living room in the same training room with D, E; (d) on the same day, at around 11:58, the Defendant took measures to “the Defendant was subject to return”; and (d) taken out of the military unit by taking advantage of the gap in controlling vehicles in transit by the said worker.”

After all, at around 12:16 on the same day, the Defendant left military units with a view to evading military service over about 18 minutes from the I pentathy road to the time of arrest of B commercialJ.

Summary of Evidence

1. The defendant's protocol of interrogation of each police officer's suspect D or E in court statements;

1. Each statement of K, F, G, H, L, M, N, P, Q, R, S, and T;

1. A list of conscriptions, recruitment soldiers, and list of eligible persons;

1. Application of Acts and subordinate statutes to a report on investigation into the case against which a person is exempt from military service (the results of CCTV verification);

1. Grounds for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as “the grounds for sentencing”) of the suspended sentence under Article 53 and Article 55(1)3 of the Criminal Act (hereinafter referred to as “the grounds for discretionary mitigation”) against a criminal offense, for which the punishment is to be imposed under Article 30(1)3 of the Military Criminal Act

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria: The same shall not apply to cases where the sentencing criteria are set.

3. Determination of sentence: The crime of this case for six months of imprisonment and one year of suspended sentence was committed by the defendant as a training soldier without permission of the military unit, on the grounds that military life is uneasy and difficult while the defendant served as a training soldier.

The evasion of military service is a crime that disturbs the military service discipline and impairs the morale of soldiers, and the responsibility for such crime is not easy.

However, the fact that the defendant recognizes and reflects the crime, and the defendant deserts military service.