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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is called up on March 27, 2014 and is in charge of administrative assistance, etc. at the Geumcheon-gu Office, and is in service as a social service personnel, from July 31, 2014 to the same year.
8. Before January 2, 201, from December 30, 2014 to December 31, 2014 (2 days), from January 201, 2015; and (1) from March 16, 2016 to April 7, 2016, left from service for 22 days without justifiable grounds.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes governing a written investigation of the renunciation of service, a written investigation of the renunciation of service, and daily service status;
1. Subparagraph 1 of Article 89-2 of the Military Service Act concerning facts constituting an offense;
1. The Defendant, on March 27, 2014, called up as a social service personnel on March 27, 2014 under Article 62(1) of the Act on the Suspension of Execution, only worked for about six months, and the remainder of the period did not work due to an absence from work for a sick or sick leave, or absence from work without permission such as a criminal fact, including sick or sick leave.
Article 89-2 subparagraph 1 of the Military Service Act provides that a person who is a social service personnel and deserts from his service for not less than 8 days without justifiable grounds shall be punished by imprisonment for not more than 3 years. The period of absence from office without permission by the defendant exceeds 8 days and is about 22 days.
Considering this point, it is not good that the crime of this case is committed.
However, the sentence shall be determined as ordered by considering the fact that the defendant's mistake is recognized, the fact that there is no punishment for the same kind of crime, and the conditions of sentencing as shown in the record and change theory.