A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[Criminal Justice] On March 24, 2011, the Defendant was sentenced to one year of imprisonment with prison labor for violating the Military Service Act at the Changwon District Court on September 13, 2011, and completed the execution of the sentence in the Changwon Prison.

【Criminal Facts】

No public interest service personnel shall leave their service or fail to serve in the relevant field for at least eight days in total without justifiable grounds.

Nevertheless, from December 21, 201 to February 20, 201, the Defendant was serving as public interest service personnel at the Ulsan-gun Office for the remaining five days except for public holidays from December 21, 201 to December 27, 2011, and was absent from service for at least eight days in total due to the Defendant’s failure to work at the Ulsan-gun Public Health Center for the remaining three days except for public holidays from February 16, 2012 to February 20, 2012 without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A written accusation or a written investigation of escape from service;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, investigation reports, and personal identification and confinement status;

1. Subparagraph 1 of Article 89-2 of the former Military Service Act (Amended by Act No. 10866, Jul. 21, 2011) on criminal facts

1. As stated in the reasoning of sentencing Article 35 of the Criminal Act, repeated crime of this case was committed again during the period of the same repeated crime.

The provisions of the relevant Military Service Act stipulate only imprisonment and thus cannot be exempted from punishment.

A punishment shall be determined in accordance with the order, comprehensively taking into account the fact that the defendant seems to have repeatedly deserted his service while living together, the fact that there are family members to support his livelihood, etc. in the term of punishment.