[2017 Highest 2913]

1. Any social service personnel shall not desert from their service for at least eight days in total without justifiable grounds;

Nevertheless, the Defendant, as a social service personnel belonging to the community service center located in the Dong-gu, Masung-gu, Masung-si, Masung-si, was absent from service without justifiable grounds for the total eight days from March 8, 2017 to March 10, 2017; from March 29, 2017 to March 31, 2017; and from March 31, 2017; and from April 4, 2017.

[2017 Highest 3192]

2. On September 6, 2017, at around September 17:30, 2017, the Defendant stolen the victim D’s “E” from the mutual convenience point of the victim D’s operation in Seongbuk-gu, Sungnam-si, Sungnam-si, by taking advantage of the gaps in which the victim’s surveillance was neglected, and stolen the victim A, who was on the display stand of tobacco amounting to KRW 4,500 at the market price of the victim’s possession.

3. On October 6, 2017, the Defendant, at the above convenience store around 19:00 on October 6, 2017, stolen: (a) 1 A of tobacco amounting to KRW 4,500 of the market price owned by the victim, which was placed on a tobacco display stand by taking advantage of the gaps of surveillance by the victim; and (b) 1 of tobacco amounting to KRW 4,500 in the market price owned by the victim.

Summary of Evidence

[2017 Highest 2913]

1. A protocol concerning the examination of the police officers of the accused;

1. Written accusation (2017 Highest 3192);

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement of D;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, subparagraph 1 of Article 89-2 of the Military Service Act (a point of escape from office) and Article 329 of the Criminal Act (a point of escape from office and a choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;