A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

From April 27, 2017 to October 1, 2019, the Defendant is a person who served as a social work personnel at the Seongbuk-gu administrative welfare center in Seongbuk-gu, Sungnam-si.

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

Nevertheless, the Defendant, on November 9, 2018 (one day), November 12, 2018 (one day), November 19, 2018 (one day), November 22, 2018 (one day), November 22, 2018 (1 day), December 10, 2018 (1 day), December 27, 2018 (1 day), March 12, 2019 (1 day), September 11, 2019 (1 day), and went away from service for at least eight days in total without justifiable grounds.

Summary of Evidence

1. Application of Acts and subordinate statutes to a defendant's written accusation against social work personnel who violated the Military Service Act, a written investigation of having retired from service;

1. Subparagraph 1 of Article 89-2 of the former Military Service Act (Amended by Act No. 16852, Dec. 31, 2019) on criminal facts

1. The defendant, with the reason of sentencing under Article 62(1) of the Criminal Act, deserts his service as a social work personnel, and considering the equity with other people who faithfully perform the duty of military service, the crime’s nature cannot be deemed to be light.

However, taking into account the fact that the defendant has recognized his mistake and that there is no criminal history, etc., the defendant's age, character and conduct, environment, motive, means and consequence of the crime of this case, and other circumstances revealed in the arguments, such as the circumstances after the crime, the punishment as ordered shall be determined.