A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

【Criminal Records of Crimes】 On June 1, 2015, the Defendant was sentenced to a suspended sentence of one year for a violation of the Military Service Act from the Incheon District Court Branch of the Incheon District Court for six months, and the judgment was rendered for the same month.

9. A final and conclusive determination.

【Criminal facts】 The Defendant is a social service worker working at C Library located in Bupyeong-gu, Nowon-gu, Seoul.

Social service personnel shall not desert from their service for at least eight days in total during the period of service without justifiable grounds.

Nevertheless, without justifiable grounds, the Defendant left C Library on November 8, 2016 to June 6, 2015, and on June 22, 2017 to June 23, 2017, and went away from service on a total of eight days.

Summary of Evidence

1. Statement by the defendant in court;

1. A list of service records and daily service records;

1. Previous convictions in the judgment: Application of the text of the judgment and investigation report (the confirmation of the previous convictions) Acts and subordinate statutes;

1. Subparagraph 1 of Article 89-2 of the Military Service Act concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation (the period of imprisonment with prison labor for not more than three years) have been committed by the Defendant, subject to suspended execution (the lapse of the period).

However, it is necessary to pay attention to the fact that the gap in the escape cycle meeting the eight-day composition requirements is very far away.

B. The defendant's absence from work was derived from an unexpected situation such as life and illness treatment and parallel work at night, rather than from a sense of duty of military service or incompetence.

The defendant's remaining character and behavior, criminal records, and working attitude at the time of attendance belongs to the good letter.

If the defendant is punished for short-term detention on the ground of recidivism, it is likely that the defendant's ability to return to society or to have his/her ability to return home or to have his/her ability to live in prison may be weakened, or that the defendant may be infected by bad morals from his/her inmates.

The defendant is given a treatment in society rather than in prison custody.