A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

The Defendant is a social service worker who works in C’s “D”.

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

From September 22, 2016 to September 23, 2016, the Defendant did not attend the “D” for a total of eight days, without justifiable grounds, from September 27, 2016 to September 30, 2016, from October 4, 2016, and October 24, 2017.

Accordingly, the defendant left his service for not less than 8 days without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Accusation against violation of the Military Service Act by social service personnel;

1. A written accusation;

1. Written statements (E);

1. Application of Acts and subordinate statutes to the details of the renunciation of service, a written investigation of the renunciation of service, and daily service status;

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 suspended execution;

1. On April 29, 2016, the Defendant for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act was sentenced to two years of imprisonment with prison labor for a violation of the Military Service Act from the Daejeon District Court’s astronomical Branch on April 29, 2016, and the said judgment became final and conclusive on May 10, 2016, and was during the grace period.

Article 89-2(1) of the Military Service Act (amended by Act No. 8956, Feb. 1, 2006) provides for a statutory penalty.

Since there is no room to choose a fine, the issue was whether to choose a sentence of imprisonment or to decide a suspended sentence of imprisonment (the suspended sentence of imprisonment has expired when the period of the suspended sentence of the above Military Service Act was sentenced, so it is possible to choose a sentence of imprisonment). The eight days that the defendant did not serve is from September 22, 2016 to September 23, 2016; from September 27, 2016 to September 30, 2016; from September 27, 2016 to September 30, 2016; and from October 4, 2016 and October 24, 2017.

On the contrary, it is difficult to see that the defendant expressed his intention not to serve any art.

This is because one year has served for the remaining period of more than 8 days, excluding 8 days.

In addition, the reason for not serving for 8 days is also the reason.