The Defendant, as a social work personnel belonging to Geumcheon-gu Seoul Metropolitan Government, did not work without permission for a total of eight days from July 1, 2019 to April 4 of the same month (4th day), the 11th day of the same month, the 12th day of the same month, the 15. (3) and the 1st day of February 3, 2020 (1st day).

As a result, the defendant left his service for at least eight days in total without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. The application of Acts and subordinate statutes to the police officer who has resigned from service, a written investigation of escape from service and a survey of service status;

1. On December 5, 2018, the Defendant, on the grounds of sentencing under Article 89-2 of the relevant Act on criminal facts, was sentenced to two years of imprisonment for a violation of the Military Service Act, violation of the Specialized Credit Financial Business Act, larceny, fraud, etc. at the Seoul Southern District Court, which became final and conclusive at around that time, and again went away from service for eight days even though the said judgment was still under probation.

Article 89-2 of the Military Service Act stipulates only imprisonment, and it is inevitable to sentence a defendant as a social work personnel who has been discharged from his service for at least eight days without any justifiable reason.

In consideration of the motive and background of the instant crime, and the number of days of deprivation of service, the circumstance that the Defendant suffers from mental illness, such as stimulative disorder, etc., and the overall circumstances concerning the sentencing prescribed in Article 51 of the Criminal Act shall be determined as ordered by taking into account.