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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On November 4, 2011, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. at the Cheongju District Court for a short term or ten months of imprisonment with prison labor for a long term, and released on September 28, 2012, and the remaining term of imprisonment has expired on November 18, 2012.
The facts charged are stated as follows: “The execution of the sentence was completed at the Kimcheon Juvenile Reformatory on September 28, 2012,” but according to the statement of “the status of personal identification and confinement” (Evidence No. 15) the Defendant was released in the case of the defendant, and the remaining period has expired, it can be recognized that the remaining period of punishment has expired. As such, the Defendant shall be deemed as a clerical error and corrected. The Defendant is a person serving as a social work personnel at the Korea Food and Drug Safety Evaluation and Planning Institute as the Korea Food and Drug Safety Evaluation Institute located as the 187
Social work personnel shall not desert from their service for at least eight days in total without justifiable grounds.
Nevertheless, the Defendant stated the facts charged on July 30, 2014 as “7.1.......” However, according to the relevant evidence, the Defendant was absent from office on July 30, 201, and the Defendant could be aware of the fact that he/she led to confession, and according to the daily service situation register (Evidence 30 pages) records, the Defendant served on July 1, 2014. In the court, the Defendant is found to have withdrawn from office without justifiable grounds for a total of nine days, including the day from August 4, 2014 to February 8, 2015, the Defendant’s correction was made in light of the obvious clerical error.
Summary of Evidence
1. Defendant's legal statement;
1. A written investigation of escape from service (the number of evidence lists 3);
1. One-day service status register;
1. Previous records: Application of Acts and subordinate statutes concerning investigation reports (Attachment of judgments related to repeated crimes), written judgments, and current status of personal identification and confinement;
1. Subparagraph 1 of Article 89-2 of the relevant Act on criminal facts;
1. Article 35 of the Criminal Act among repeated crimes;
1. The Defendant committed the instant crime during the period of repeated crime.