However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

A social work personnel member shall not leave his/her service area for at least eight days in total without justifiable grounds.

Notwithstanding that the Defendant was a social work personnel posted at the Seoul Jung-gu branch office of the National Health Insurance Corporation from August 29, 2014, which was called as public duty personnel on July 31, 2014, the Defendant did not work in the Seoul Jung-gu branch office of the National Health Insurance without justifiable grounds from January 14, 2019 to January 31, 2019.

Accordingly, the defendant, without justifiable reasons, deserted his service for not less than 8 days in total.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to a copy of the daily service status register), a copy of the daily service status register;

1. Subparagraph 1 of Article 89-2 of the relevant Act on criminal facts;

1. Determination as to the assertion of the Defendant and the defense counsel under Article 62(1) of the Criminal Act

1. The summary of the argument is that the defendant is absent from work without permission due to mental illness and not attributable to the defendant. Thus, it constitutes “justifiable cause” under Article 89-2 subparag. 1 of the Military Service Act.

2. Article 89-2 Subparag. 1 of the Military Service Act provides that “Any person who, without justifiable grounds, deserts from service as a social work worker for not less than eight days in total shall be punished by imprisonment with prison labor for not more than three years.” Here, “justifiable cause” refers to a cause for justifying the nonperformance of the duty of military service specified by the decision of the Commissioner of the Military Manpower Administration, etc., that is, a cause not attributable

The evidence adopted and examined by this court and records revealed the following circumstances, namely, ① the appraisal of a medical treatment and custody center which appraised the defendant, is diagnosed as a continuous depression disorder with the main symptoms of depression, uneasiness, decrease in self-esteem, etc., and is presumed to have been similar to the period of escape from service in this case.