A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[Criminal Power] On December 21, 2012, the Defendant was sentenced to ten months of imprisonment with prison labor for special larceny, etc. at the Incheon District Court on April 16, 2013, and completed the execution of the sentence at the Incheon Detention Center.

【Criminal Facts】

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

Nevertheless, the Defendant, while serving as a social work personnel belonging to Seo-gu Office B located in Incheon Metropolitan City, left the military service for at least eight days in total without justifiable grounds, such as December 22, 2014 through January 24, 2015; January 1, 2015; January 16, 2015; January 26, 2015; and May 27, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation, a report on a deviation from service and a report on fact-finding of a deviation from service;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (verification of repeated crimes);

1. Subparagraph 1 of Article 89-2 of the relevant Act on criminal facts;

1. In light of the reason for sentencing Article 35 of the Criminal Act among repeated offenders, it is inevitable to sentence sentence given that the defendant commits the instant crime without being able to do so during the period of repeated crimes.

However, in light of the favorable circumstances, such as recognizing the instant crime and faithfully performing the remaining period of service, the sentence shall be determined as ordered by comprehensively taking into account the Defendant’s age, environment, motive, means and consequence of the instant crime, and all other circumstances constituting the conditions for sentencing, including the circumstances after the instant crime.