A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[2016 Highest 5825] The Defendant was sentenced to imprisonment with prison labor for special larceny, etc. on June 12, 2013 in the support of the Suwon Kanwon, and completed the execution of the sentence on April 29, 2014.

Social service personnel shall not leave their post or serve in the relevant field for at least eight days in total without justifiable grounds.

Nevertheless, on August 17, 2015, while the Defendant was assigned to the Seoul Gangnam-gu Seoul Metropolitan Government Community Service Center as a social service personnel and was engaged in the duties of issuing civil petition documents, etc., the Defendant left his service for seven days from September 8, 2015 to September 16, 2015 and for nine days from July 28, 2016 to August 9, 2016, which is the date of convening a call for enlistment training, without justifiable grounds.

[2016 high group 7543] A person who receives a notice of convening a social service personnel must respond to the call within three days from the date of convening the meeting without justifiable grounds.

The Defendant did not respond to the call-up notice of social service personnel under the name of the Seoul Military Manpower Administration to enlist in the Army Training Center by July 28, 2016 at the B community service center located in Gangnam-gu Seoul on July 4, 2016, and by not later than three days from the date of the filing of the call-up notice to the Army Training Center from July 28, 2016, without justifiable grounds.

Summary of Evidence

[2016 Highest 5825]

1. Statement of the defendant in the second public trial records;

1. A written accusation or a written investigation of facts that he/she deserts his/her service;

1. The daily service records of social service personnel, the list of service records of supplemental service, and the current status of service;

1. Previous convictions in the judgment: A written inquiry, the current status of acceptance by each person, and the text of the judgment [2016 order 7543];

1. A protocol concerning the examination of the police officers of the accused;

1. A written accusation and a written accusation;

1. Application of Acts and subordinate statutes concerning receipt of a notice of convening education for social service personnel;

1. Subparagraph 1 of Article 89-2 and Article 88 (1) of the Military Service Act concerning facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act, are as follows.