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

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

Punishment of the crime

Around March 21, 2016, the Defendant was called as a social service personnel and was in charge of general administrative support, etc. at the Seo-gu Office C, Seo-gu, Seo-gu, Seo-gu, 227, according to his/her resignation, and served as a social service personnel, and was absent from his/her service without justifiable grounds for five days from May 9, 2016 to May 13, 2016, when he/she lacks the ability to discern things or make decisions due to mental illness, such as yellow dust, bipolartic disorder, etc., and he/she left his/her service for five days from June 20 to June 24, 2016.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. A survey report on the renunciation of service and a statement on the escape from service;

1. A daily service status register;

1. Medical certificate, certificate of medical treatment, and certificate of hospitalization;

1. Application of Acts and subordinate statutes to a report on psychological evaluation;

1. Subparagraph 1 of Article 89-2 of the Military Service Act concerning facts constituting an offense;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

1. The grounds for sentencing under Article 62(1) of the Criminal Act under the suspended sentence are as follows: (a) the Defendant committed the instant crime under the influence of mental illness such as bipolartic disorder and depression disorder; (b) the Defendant currently under hospitalized treatment; and (c) the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime; and (d) the circumstances after the commission of the crime, etc. shall be determined as indicated in the order.

It is so decided as per Disposition for the above reasons.