except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

A social work personnel member shall not leave his/her place of work or not serve in the relevant field for a total period of at least eight days without justifiable grounds.

The Defendant applied for installment service from December 21, 2018 to social work personnel engaged in general administrative support affairs of the Michuhol-gu Incheon District Office from January 24, 2019, and applied for installment service on January 25, 2019, which was approved by the Incheon Military Affairs Administration on January 28, 2019 to suspend service (182 days) from January 28, 2019 to July 28, 2019, and was notified that he will resume service from July 29, 2019.

Nevertheless, the Defendant, on July 29, 2019 to August 7, 2019, did not work at B’s administrative welfare center without justifiable grounds, and went away from service for not less than eight days in total.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation, a service record card for social work personnel, a service status, a report on the investigation of service status, and an explanatory note;

1. Application of Acts and subordinate statutes of the investigation report (No. 6,9,100)

1. Subparagraph 1 of Article 89-2 of the former Military Service Act (Amended by Act No. 16852, Dec. 31, 2019) on criminal facts

1. Judgment on the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act

1. The gist of the assertion is that the Defendant is responsible for the livelihood of both her mother, her spouse and her two children, and the Defendant was faced with difficult circumstances to lead a basic life due to the unpaid charge, such as a short time, a short time, etc. In addition, the Defendant’s difficulty in living constitutes justifiable cause under Article 89-2 subparag. 1 of the Military Service Act.

2. Determination

A. Article 89-2 Subparag. 1 of the Military Service Act provides that “Any person who deserts from his service or fails to serve in the pertinent field for not less than eight days in total without justifiable grounds shall be punished by imprisonment for not more than three years,” and “justifiable cause” as referred to in this context means a reason that justify the nonperformance of military service specified by the decision of the Commissioner of the Military Manpower Administration, etc.