Text
A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
The defendant is a person who serves as a social work personnel at the Chuncheon City Welfare Center.
Social work personnel shall not desert from their service for at least eight days in total without justifiable grounds.
Nevertheless, without justifiable grounds, the Defendant stated the three days from February 26, 2013 to February 28, 2013, the two days from March 4, 2013 to May 5 of the same month, the daily day from April 8, 2013, and the written indictment on August 21, 2013 as “ August 13, 2013” but appears to be a clerical error.
A total of eight days, including one day, July 25, 2014, was separated from service.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the personnel changes in personal affairs of social service personnel, written public notice, written accusation, copy of the daily service status register, and written investigation of escape from service;
1. The reasoning for sentencing under Article 89-2 subparag. 1 of the Act on the Punishment of Violences, etc. and Article 89-2 of the Military Service Act (Optional to Imprisonment) is that the Defendant committed the instant crime even though he/she was sentenced to a suspended sentence for six months due to occupational embezzlement at the Chuncheon District Court on September 3, 2013, which became final and conclusive on September 11, 2013, and was still subject to suspended sentence as of September 11, 2013. In addition, it is so decided as per Disposition on the grounds that the Defendant committed the instant crime even though he/she had been subject to suspended sentence as of September 11, 2013.