A defendant shall be punished by imprisonment for four months.

Punishment of the crime

The defendant of "2016 Highest 2612" was sentenced to imprisonment with prison labor for a violation of the Military Service Act in Suwon District Court's Sung-nam branch on February 3, 2016 and two years of suspended execution, and the judgment on February 12, 2016 becomes final and conclusive and is currently under suspended execution.

The Defendant was issued warning at least eight times in total on March 2, 2016, on March 2, 2016, March 4, 2016; March 9, 2016; and on March 16, 2016; and on March 24, 2016; and on March 30, 2016, on the grounds that he/she was removed without permission from the said workplace without permission.

Social work personnel of "2016 Highest 2668" shall not leave their office or fail to serve in the relevant field for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant, as a social work personnel who is serving as an administrative assistant at the Da community service center in Gyeonggi-do, was not serving for eight days in total at the said service site on January 5, 2015; January 21, 2015; January 22, 2015; January 23, 2015; January 23, 2015; January 26, 2015; January 29, 2015; and January 29, 2015; and February 3, 2015; and May 24, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Each accusation book, each statement on violations of service, investigation report on the status of service, and warning book;

1. Current status of accusation against persons who have evaded the social work personnel service, reports on escape from each service, reports on fact of escape from each service, accusation, and warning;

1. Previous convictions: Application of criminal records and Acts and subordinate statutes;

1. Subparagraph 2 of Article 89-3, Article 33 (2) 5, and subparagraph 1 of Article 89-2 of the Military Service Act concerning facts constituting an offense;

1. From among concurrent crimes, consideration of the fact that the defendant's reasons for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act are against the defendant, the suspended sentence becomes invalidated, and most of the act of escaping from the place of unauthorized service was committed prior to the final crime