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.

Criminal facts

The Defendant, as a social work personnel from October 2, 2018, is a person who served in the “Cmistore” located in Gangnam-gu Seoul Metropolitan Government B as a social work personnel.

Social work personnel shall not desert from their service for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant, on November 20, 2018, did not work without permission on the ground of personal circumstances, from that time to January 31, 2019, and did not work at the above C yet to that time for 36 days in total, as shown in the list of crimes in the attached Table.

Accordingly, the defendant, as a social work personnel, has deserted his service for a total period of not less than eight days without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (Submission of the daily service status register on January 2, 2019, an accusation);

1. Application of Acts and subordinate statutes to each of the following descriptions: a statement on the escape from service, a fact-finding report on the escape from service, a written investigation on the status of service, and a copy of each daily service situation register (from October to December 2018);

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant did not perform his duty of military service as a social work personnel, and the number of days of his discharge from military service reaches 36 days in total.

However, the punishment as ordered shall be determined by taking into account the following factors: (a) the fact that the defendant shows the appearance of recognizing and reflecting the mistake; (b) the future service is faithfully performed; (c) there is no record of criminal punishment up to now; and (d) the age, character and conduct and environment of the defendant; (b) motive and circumstance of the crime; and (c)