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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
On July 21, 2014, the Defendant was called to the social work personnel service at the Doksan-si, Jeollabuk-do on July 28, 2014, and requested the change of affiliation to the Doksan-si Office on July 28, 2014, and is in charge of administrative assistance in the above Dong-gu Office B. On August 17, 2015, the Defendant was absent from office without permission and was sentenced to two years of suspension of execution for six months as a violation of the Military Service Act. From March 2016, the Defendant was assigned to the social work personnel service at the above Dong-gu Office.
A social work personnel member shall not leave his/her service or perform his/her duties in the relevant field for a total period of at least eight days without justifiable grounds.
Nevertheless, while serving as a social work personnel, the Defendant left his service without justifiable grounds for a total of 86 days from August 1, 2018 to October 25, 2018.
Summary of Evidence
1. Defendant's legal statement;
1. A written accusation;
1. A fact-finding report on a deviation from service;
1. Application of Acts and subordinate statutes governing daily service situation table;
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, even though the defendant was sentenced to a suspended sentence for the same crime, is not good in the nature of the crime. However, considering the fact that the defendant appears to have deserted from his service to support his child, that the defendant must return his work place to his work place and faithfully serves, and that the defendant seems to have an attitude of reflecting wrongness in the court, it is deemed necessary to give the defendant an opportunity to fulfill his duty as social work personnel. Thus, the sentence is determined as above.