A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

【The Defendant was sentenced to ten months of imprisonment with prison labor for larceny, etc. from a person who was sentenced to imprisonment with prison labor on July 9, 2015, and on January 28, 2016, at the same court, sentenced four months of imprisonment with prison labor for fraud, etc. on September 8, 2016, and completed the execution of each of the above punishment in a detention center of Suwon.

【Criminal facts】 The Defendant is a social service worker working at the C community service center located in Suwon-si, Suwon-si from June 19, 2014.

Social service personnel shall not leave their post or serve in the relevant field for a total period of not less than eight days without justifiable grounds.

Nevertheless, the Defendant, from September 2, 2014 to December 2 of the same month, from December 22, 2016, from February 3, 2017 to the 10th day of the same month, and from February 16, 2017 to the 15th day of the same month, the Defendant was absent from service for a total of 15 days due to the Defendant’s absence of attendance at the above workplace without justifiable grounds for a total of 15 days from the 16th day of the same month.

Summary of Evidence

1. Statement by the defendant in court;

1. A written complaint, a written investigation of military status, and a list of service records in supplemental service records, filed against any offender of the Military Service Act;

1. Documents, such as the details of the call for promotion of service, a statement of business trip, a statement of departure from service, etc.;

1. Previous convictions: Inquiry into criminal history data, investigation reports (verification of the same criminal records as the suspect), personal confinement status, and application of the statutes of the judgment;

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

1. The duty of national defense for the reason of sentencing Article 35 of the Criminal Act for aggravated repeated crimes is the constitutional duty of the people to ensure national security. Since the Defendant’s crime of this case may fall and lose a large number of desire to faithfully perform the duty of national defense, it is necessary to strictly punish the Defendant.

Defendant was punished several times including imprisonment with prison labor due to larceny, etc., and committed the instant crime during the repeated crime period. However, Defendant recognized all of the instant crimes, and promised to faithfully serve in the future.

The defendant is the most responsible person for his livelihood.