A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] The Defendant is a person who was sentenced to a suspended sentence of one year by imprisonment with prison labor at the Seoul Northern District Court on April 8, 2015, and the said judgment became final and conclusive on September 18, 2015 and is currently under the grace period.

【Criminal Facts】

The defendant is called as a social work personnel around April 9, 2015 and serves in subway 7C offices.

Social work personnel shall not leave their office or serve in the relevant field for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant, while serving as a social work personnel, did not work for eight days in total without justifiable grounds, for eight days in total.

Accordingly, the defendant, as a social work personnel, has deserted his service for 8 days in total without any justifiable reason.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A written accusation;

1. A fact-finding report on the escape from service, a statement about escape from service, and a fact-finding inquiry letter;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (the period of stay of execution against a suspect), and application of statutes of the judgment;

1. Determination as to the assertion by the defendant and his/her defense counsel under subparagraph 1 of Article 89-2 of the former Military Service Act (Amended by Act No. 13778, Jan. 19, 2016; hereinafter the same) on criminal facts

1. The summary of the assertion is that the Defendant was unable to work at least due to mental shock, etc. at the time of October 28, 2015 and on October 29, 2015, and thus, there are justifiable grounds for leaving his service.

2. Determination

A. Article 89-2 Subparag. 1 of the former Military Service Act provides that “Any person who, as social work personnel, international cooperation service personnel, or art and sports personnel, deserts or does not serve in the pertinent field for at least eight days in total without justifiable grounds, shall be punished by imprisonment with labor for not more than three years.” Here, “justifiable cause”