A defendant shall be punished by imprisonment with prison labor for four months.

Punishment of the crime

【Criminal Power】 On April 4, 2018, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act at the Incheon District Court on April 4, 2018, and the said judgment became final and conclusive on April 12, 2018.

【Criminal Facts】 The Defendant is a person serving as a social work personnel in Seo-gu Incheon Metropolitan City Office B located in Seo-gu Incheon Metropolitan City, Seo-gu, Seo-gu, Incheon, from June 14, 2012.

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

Nevertheless, the Defendant, even though around July 27, 2012, around August 24, 2012, around April 21, 2014, around September 19, 2016, around December 25, 2016, around February 10, 2017, and around September 28, 2017, left service for eight days without justifiable grounds, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. A statement of the reason for each renunciation of service;

1. A written investigation of the escape from service;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

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

1. For a repeated crime under Article 35 of the Criminal Act as to whether a repeated crime is aggravated, a punishment of imprisonment without prison labor or a heavier punishment shall be imposed again within three years after the execution of the crime is completed or exempted. In such cases, determination shall be made on the basis of whether a person has committed a crime falling under imprisonment without prison labor or a heavier punishment. As such, it is sufficient that a commencement of the crime has been made within three years, and it does not reach the duration of the crime within the said period;

(Supreme Court en banc Decision 2005Do9858 Decided April 7, 2006). On the other hand, a crime of escaping from service by a social work personnel constitutes a single crime with a total of at least eight days of discharge from service continuously or intermittently conducted without justifiable grounds.

(Supreme Court Decision 2010Do9317 Decided March 10, 201, etc.). We examine the instant crime in light of the foregoing legal doctrine.

The commencement of the commission of the instant crime is around July 27, 2012, which is the first day of eight days in total.