A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

No social work personnel shall be subject to a disposition of warning at least eight times in total, including those who attend work after work start time, leave from work without permission, or leave work place without justifiable grounds.

Nevertheless, the Defendant served as a social work personnel of the C community service center located in Dobong-gu Seoul Metropolitan Government from September 20, 2018. On December 11, 2018, the Defendant was subject to the first warning disposition that he left his work place without permission because he did not attend the work place from 14:0 to 18:000 on the same day, and he was subject to the first warning disposition that he did not leave the work place without permission. From that time to October 11, 2019, the Defendant was subject to the warning disposition at least eight times in total, by going to work after the start of work or leaving the work place without permission without justifiable grounds, such as the list of crimes in attached Form.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A written accusation;

1. The application of Acts and subordinate statutes to a survey report on the current status of service, a statement of breach of duty in service, a statement of reason for breach of duty, and

1. Subparagraph 2 of Article 89-3 and Article 33 (2) 5 of the Military Service Act concerning facts constituting an offense;

1. Although the reason for sentencing under Article 62(1) of the Criminal Act, such as the method of the instant crime and the degree of violation of duty of military service, etc. are disadvantageous to the Defendant. However, on the other hand, the Defendant led to confession and reflects on the depth of the instant crime, following the instant crime, the Defendant’s service hours and service guidelines of the pertinent service organization are relatively well observed, and the Defendant is performing his duty in good faith in the future, and the Defendant is a primary offender. As such, there are favorable circumstances, such as these various circumstances and other defendants’ age, character and behavior, intelligence and environment, family relationship, motive and circumstances before and after the instant crime, etc., the sentence is ordered as per the disposition.