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

The defendant is a person who serves as a social work personnel at C elementary school located in Gangnam-gu, Dong-gu, Dong-gu.

Social work personnel shall not leave their office or fail to serve in the relevant field for at least eight days in total without justifiable grounds.

The Defendant, from October 10, 2017 to October 24, 2017, went away from service due to the Defendant’s failure to work at the above C Elementary School for a total of 11 days without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Desertion from service as social work personnel;

1. Application of Acts and subordinate statutes to a written investigation of service;

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 Defendant’s summary of the assertion was unable to work due to extreme depression and stress, so there is “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 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 with prison labor for not more than three years,” and “justifiable grounds” refers to reasons that justify the nonperformance of the duty of military service specified by the decision of the Commissioner of the Military Manpower Administration, etc., i.e., reasons that are not attributable

(See Supreme Court Decision 2014Do5132 Decided June 26, 2014, etc.). According to each evidence duly adopted and investigated by this Court, the Defendant had experienced the divorce of the parents in time of elementary school, the mother’s death, etc., and had been under stress at the high school level, and had a flag act to the extent that he was faced with specific parts, such as hacks or hacks. As a result of the Military Manpower Administration’s physical examination, the Defendant was unable to perform active duty service on the ground that he was judged as having been on July 27, 2015, but was on active duty due to depression and uneasiness caused by incidental adaptation.