A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On November 29, 2016, the Defendant was a soldier who belongs to the company of the major headquarters of the 39 Boick Association of Korea on November 29, 2016.

On August 26, 2017, around 08:30 on August 26, 2017, the Defendant left the military service by failing to return from around 01:33 on the following day to the affiliated military unit, although he/she had to return from the said military unit located in the new military unit in the South-west Navy, and from around 20:00 on the same day to the affiliated military unit.

Summary of Evidence

1. Statement by the defendant in court;

1. A written confirmation of the injury or disease C and a written confirmation of the service of a severe sergeant D;

1. An investigation report (including the document No. 15, attached to the evidence list);

1. Reporting on the occurrence and return of a case to be relieved of military service, requesting the dispatch of unclaimed soldiers during the period of their return, requesting the dispatch of such soldiers, requesting voluntary accompanying, recommending the termination of multiple times for the period of their return (including attached documents) and applying statutes on the request for termination of multiple times;

1. Article 30 (2) and Article 30 (1) 3 of the Criminal Act of the same Act concerning the facts constituting an offense;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of applicable sentences by law: Imprisonment for one year to ten years; and

2. The fact that the sentencing criteria are not set for the crimes of this case subject to the sentencing criteria.

3. The instant crime committed by a sentence of sentence is an unfavorable circumstance, where the Defendant was arrested to return to a military unit for the purpose of evading military service after leaving the military service on a regular basis during active duty service, and the nature of such crime is not minor.

On the other hand, the fact that the defendant is recognized as committing a crime and reflects on his own, the defendant suffers from mental disorder requiring specialized treatment, and the defendant thereby constitutes "persons who are unable to cope with military service due to mental or physical disorder" on September 25, 2017, subject to a disposition of transfer to wartime labor under the Military Service Act, the period of secession from military service is more than two days, and there is no record of criminal punishment against the defendant.

The age, sex, environment, family relationship, and family relationship of the defendant.