A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[Criminal Power] On July 5, 2013, the Defendant was sentenced to six months of imprisonment and two years of suspended execution for violating the Military Service Act by the Seoul Western District Court, and the said judgment became final and conclusive on the 13th of the same month, and is still under suspended execution.

【Criminal Facts】

Defendants are public interest service personnel belonging to the Incheon Metropolitan City Office of Education.

From July 19, 2013 to August 24, 2013, the Defendant retired from service for a total of 13 days because he/she fails to attend at Chigh schools without justifiable grounds, for 4 days (excluding Saturdays) from July 29, 2013 to July 30, 2013, for 2 days from August 1, 2013 to February 2, 2013, for 4 days (excluding Saturdays) from August 7, 2013 to August 12, 2013, and for 14 August 14, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. A written investigation of a breach of service and a daily service status register;

1. Previous convictions indicated in judgment: Criminal records, previous records of disposition and report on results of confirmation, and application of Acts and subordinate statutes concerning investigation reports (a copy of judgment attached);

1. The reason for sentencing under Article 89-2 subparagraph 1 of the pertinent Article on criminal facts is the period of suspension of execution for the same crime, and the crime of this case was committed 14 days after the sentence of the judgment was rendered, and the judgment of the court below only provides a statutory penalty, and it is inevitable to sentence the defendant to imprisonment with prison labor.

The punishment shall be determined in consideration of the sentencing conditions prescribed by Article 51 of the Criminal Act, which are expressed in the records, such as the circumstances after the crime, the motive and circumstances leading to the crime of this case, the age of the defendant, character and conduct, family environment, etc., in favorable circumstances, such as the confession of the crime and the fact that the defendant seems to have committed the crime, the mistake, the defendant's continuous service, the fact that the defendant has no record of criminal punishment except for the previous conviction in the judgment