A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

From August 2017, the Defendant is a person who is placed in the Southern-si, Gyeongyang-si, Nam-si, and serves as a social work personnel member.

The Defendant, on January 30, 2019 to 31., February 1, 2019; from February 7, 2019 to 8.; from February 11, 2019 to February 13, 2019 to 13, was unable to work for a total period of at least eight days, without justifiable grounds, on the grounds of a dispute with her mother, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A captain for accusation (violation of the Military Service Act as social work personnel; - Desertion from service;

1. A written report on a deviation from service;

1. A written statement of the renunciation of service;

1. Report on investigation (Appearance of a suspect);

1. Investigation report (to hear statements by the complainants);

1. Investigation report (report accompanying daily service records);

1. Application of Acts and subordinate statutes in daily service status;

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

1. Article 62 (1) of the Criminal Act;

1. The crime of this case, for the reason of sentencing under Article 62-2 of the Criminal Act on probation and community service order, where a defendant deserts from his service as a social work personnel without any justifiable reason, should be punished strictly as the same act as the defendant abandons the duty of the people with respect to national defense and military service, and it is not good that the defendant has a short period of leaving his service.

While the Defendant was born due to his parent’s divorce, the conflict between the Defendant’s debt relationship, etc., and the Defendant’s public official in charge would not be able to settle the instant crime at an excessive price. However, even if there were such circumstances, it is difficult to readily view the Defendant’s criminal liability of leaving his/her service without permission without permission without checking the excess price approval, and it is necessary to prevent recidivism through a strict punishment corresponding to the Defendant’s criminal liability.

However, the defendant reflects the crime of this case and performs military service in good faith and serves in the future.