A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 27, 2017, the Defendant entered the Army Training Center as a result of the Army Training Center’s enlistment examination in the Gyeonggi-do, Chungcheongnam-si, Chungcheongnam-do and received an order of personnel management in the wartime labor service on January 19, 2018.

While the Defendant served as a training soldier belonging to the 27th Education Team in the Army Training Team 27 Escopies, from around 15:10 on December 10, 2017 to around 17:45 on the same day, the Defendant left the training center in the above training center without permission to flee and concealed it in a nearby laundry factory for the reason that he/she responded to military life.

Accordingly, the defendant, with a view to evading military service, went away from military units or duties.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to report the occurrence of a case under military service, written confirmation, and written opinion of a commander;

1. Article 30 (1) 3 of the Criminal Act of the relevant Article of the Military Criminal Act concerning a crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

1. The scope of applicable sentences under law: Imprisonment for six months to five 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 crime of this case against which the sentence of sentence was rendered is not that of the arrest of a military inmate who deserts from a military unit without permission and does not return to the military in order to escape on the ground that the defendant's answer to military life while serving as a training soldier.

However, the following are favorable circumstances: (a) the Defendant is recognized as committing the instant crime and is against the Defendant; (b) the instant crime appears to have affected the Defendant’s mental disorder; (c) the period of secession from military service is limited to two hours and thirty-five minutes; (d) the Defendant was subject to a disposition of transfer to wartime labor under the Military Service Act on January 19, 2018 on the ground that he falls under “military incompetence”; and (e) the Defendant has no record of criminal punishment.

. Other defendant.