A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The defendant is a social work personnel assigned to the CMedical Center to perform the duties of supporting the operation of social welfare facilities.

Social work personnel shall not leave their post or perform their duties in the relevant field for a total period of not less than eight days without justifiable grounds.

Nevertheless, the Defendant left his service for two days from November 13, 201 to December 14 of the same month; for five days from November 17, 2014 to December 21 of the same month; for five days from December 8, 2014 to December 12 of the same month; for five days from December 15, 2014 to December 19 of the same month; for three days from December 22, 2014 to December 24, 2014 to the day from December 24, 2014 without justifiable grounds; and for one day from December 26, 2014 to the day from December 21, 2014 without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Application of the Acts and subordinate statutes of the Ministry of Land, Infrastructure and Transport to a fact-finding survey, a period of escape from service;

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

1. As to the Defendant’s assertion of Article 62(1) of the Criminal Act (i.e., that the Defendant is faithfully serving in service and that there was no other criminal record other than the punishment once by a fine) in the suspended sentence, the Defendant asserts that there was a justifiable reason for the renunciation of service in the instant crime since the Defendant did not transfer the service institution, even though the service institution was treated unfairly at the service institution and did not enter into its own recommendations, and requested the Military Manpower Administration to transfer the service institution to another service institution.

Article 89-2 subparagraph 1 of the Military Service Act provides that "Any person who deserts from his service or fails to serve in the field concerned for not less than eight days in total without justifiable grounds shall be punished by imprisonment with prison labor for not more than three years." The term "justifiable cause" refers to a reason that justify the nonperformance of the duty of military service specified by the decision of the Commissioner of the Military Manpower Administration, etc., i.e., a person who deserts from