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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. [Attachment 2016 Highest 1019] The Defendant is a person called up as a social work personnel service personnel and serves in the order of a net 30-day order from February 3, 2015 to 30-day order.
On September 30, 2015, from around 13:00 to 16:24 of the same day, the Defendant was issued a warning disposition by leaving the Net viewing division, which is a place of service without permission, by leaving the said division, and then leaving the work time after the start of the work or leaving the work place without permission, and received a warning of 8 times in total from around that time to May 20, 2016.
Accordingly, the defendant was given warning at least eight times in total due to early retirement or leaving a place of service without permission.
2. [2016 Height 1516] Social work personnel shall not desert from their service for at least eight days in total without justifiable grounds.
From February 3, 2015, the Defendant was absent from work without permission for 16 days from June 16, 2016 to July 7, 2016 while serving as social work personnel in the Net Viewing and Viewing Department C, which is located in the order of net 30,000 city.
As a result, the defendant left his service for at least eight days in total without justifiable grounds.
Summary of Evidence
[2016 Highest 1019]
1. Defendant's legal statement;
1. A survey report on the current status of each service, a report on each violation of service, a warning note, a observation, and an interview record;
1. Each investigation report [2016 Highest 1516]
1. Legal statement;
1. Statement made to D by the police;
1. A written investigation of a breach of service and a daily service status register;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Subparagraph 1 of Article 89-2 of the relevant Act on Criminal facts (the fact that he/she deserts from his/her service for not less than eight days without justifiable grounds) and subparagraph 2 of Article 89-3 and Article 33 (2) 5 of the Military Service Act (the fact that he/she has received a warning disposition of not less than eight times on the grounds that he/she goes late at work without justifiable grounds
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. As to the suspended sentence under Article 62(1) of the Criminal Act, even though the trial is pending due to the violation of the Military Service Act, the suspended sentence shall be invalidated.