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A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a social work personnel member working at C elementary school located in Maan-gu B at the time of Gyeonggiyang-gu.
Social work personnel shall not desert from their service for at least eight days in total without justifiable grounds.
Nevertheless, the Defendant, on August 29, 2018, was absent from office for three days from September 5, 2018 to July 7 of the same month, for two days from October 1 of the same month, from October 10 of the same month to November 11 of the same month, for two days from October 10 of the same month, and for eight days from December 26, 2018 to the above C Elementary School without justifiable grounds.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes on accusation and accompanying documents;
1. Subparagraph 1 of Article 89-2 of the relevant Act on criminal facts;
1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;
1. Scope of applicable sentences under law: Imprisonment with labor for one month to three years;
2. Determination of sentence: (a) comprehensively taking account of the following circumstances and the Defendant’s age, character and conduct, growth process, environment, motive, means and consequence of the crime; and (b) various factors of sentencing indicated in the present arguments and records, such as circumstances after the crime, the sentence shall be determined as ordered.
An act of evading duties to social service personnel is an act that interferes with the smooth operation of national military administration, and there is a lot of national and social harm, and there is a need for strict punishment in terms of equity with other people who faithfully perform the duty of military service.
The favorable circumstances: The defendant seems to have the attitude of recognizing and opposing the wrongness.
The period of secession from service is relatively short.
There is no history of criminal punishment against the defendant.