A defendant shall be punished by imprisonment for six months.

A. misunderstanding of facts and misapprehension of legal principles 1) Night work must be calculated as one day’s attendance at night. As such, the number of days of Defendant employees’ leaving office does not exceed eight days.

2) In the case of secession from service on February 19, 2017 and February 20, 2017, the Defendant did not have good body. The Defendant’s body was not good, and the Defendant’s submission of a prescription from the head of the D Station where the Defendant works, upon receipt of the prescription from the head of the D Station where the Defendant works, is willing to recognize the sick leave and did not work, there is justifiable reason for secession from service.

3) The reasons for the appeal of the instant written accusation are stated as the written complaint, but appears to be a clerical error.

Since only the number of days of secession from service until February 20, 2017 is specified, the number of days of secession from service shall be based on the number of days specified in the written accusation.

Then, the defendant had been suspended from his service.

In fact, the defendant did not hear the statement that he suspended his service on February 23, 2017 and did not work, so there is a justifiable reason for leaving his service.

B. The lower court’s sentence (6 months of imprisonment) against an unjust defendant is too unreasonable.

2. Judgment on the grounds for appeal

(a) Article 89-2 subparagraph 1 of the Military Service Act concerning the method of calculating the number of days of secession from office at night shall be punished by imprisonment with prison labor for not more than three years for social service personnel who have deserted from office for not less than eight days in total without justifiable grounds;

Article 18 (1) 1 and 2 of the Regulations on the Service of Social Service Personnel applicable to the defendant, and Article 18 (1) 1 and 2 of the Regulations on the Service of Social Service Personnel applicable to the defendant shall work daily to and from work, and Article 9 of the Regulations on the Service of State

Where it is necessary to work 24 hours, such as the boundary of national security facilities, etc., it shall be organized into one set per week and two nights, and weekly work and night work shall be alternates on the top of the week, and two remodelings at night shall be conducted on a scale-day basis.

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If so, in principle, in the case of social service personnel who work at night, the two days shall be one unit and shall work at one time on the working day.