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

The defendant is a social work personnel who work in Yangcheon-gu Seoul Metropolitan Government Office B.

1. He/she shall leave his/her post or perform his/her duty in the relevant field for at least eight days in total without justifiable grounds;

Nevertheless, the Defendant, from October 10, 2017 to October 17, 2018, did not work at the above workplace without justifiable grounds, and was absent from service for a total of eight days or more.

2. No social work personnel who breaches his duty of service shall be subject to a warning of at least eight times in total, including those who attend work after the start of work without justifiable grounds, leave from work without permission, or leave work place;

Nevertheless, on August 23, 2017, the Defendant was issued a warning disposition on the ground that he/she did not appear without permission on October 11, 2017, without permission on May 30, 2018, without permission on June 11, 2018, without permission on June 14, 2018, without permission on June 18, 2018, without permission on June 18, 2018, without permission on June 20, 2018, without permission on June 20, 2018, and on July 9, 2018.

As a result, the Defendant was given warning at least eight times in total due to attendance at work after the start of work without permission, early leaving work without permission, or leaving work without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint or accusation against social work personnel who violates each of the Military Service Act;

1. A written investigation of each service condition, a statement of breach of duty, and a warning;

1. Investigation report (verification of eight times in total);

1. Application of Acts and subordinate statutes, including a fact-finding report on a deviation from service and a statement about escape from service;

1. Subparagraph 1 of Article 89-2 of the relevant Act on Criminal facts (the point of leaving office without prison labor) and subparagraph 2 of Article 89-3 and Article 33 (2) 5 of the Military Service Act (the point of leaving office without prison labor);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishments for two crimes);

1. The reasons for sentencing under Article 62(1) of the Criminal Act, and the defendant, leading to the crime.