A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

The defendant is a social service worker who provides administrative support in the Gangseo-gu Seoul Metropolitan Government Office B division located in Gangseo-gu, Gangseo-gu, Seoul.

Social service personnel shall not receive warnings of at least eight times in total, including those who attend work after the start of work, leave from work without permission, or leave the place of work without justifiable grounds.

Nevertheless, on August 8, 2019, the Defendant was given a warning of eight times in total due to an act of unauthorized attendance at the Gangseo-gu Office after the start of work on the ground of late locking, etc., as well as a warning of eight times from that time to October 26, 2020.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to a letter of reason for breach of duty of service, a warning, and an investigation of service status;

1. Subparagraph 2 of Article 89-3 and Article 33(2)5 of the former Military Service Act (amended by Act No. 16356, Dec. 31, 2019);

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., the first offender and reflective points);