A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a social service personnel in charge of general administrative support in the division B of the reinforced military office in Incheon reinforced military forces.

Social service personnel shall not receive warnings of at least eight times in total, such as attendance at work after the start of work without justifiable grounds.

Nevertheless, on November 24, 2017, January 4, 2018; January 17, 2018; January 22, 2018; January 22, 2018; January 23, 2018; January 25, 2018; January 26, 2018; and January 26, 2018; the Defendant was given a warning of 11 times in total from the number of strengthened military units, after working on a daily start date and start date without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Written accusation of the number of strengthened military units;

1. Each investigation report (case concerning disposition of warning issued by the office of reinforced military forces, and change of facts constituting a crime);

1. Application of Acts and subordinate statutes to a criminal fact-finding certificate, a statement about the escape from service, and a fact-finding report;

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

1. The Defendant’s crime of sentencing under Article 62(1) of the Criminal Act (the favorable circumstances among the reasons for sentencing) is that the Defendant was subject to the disposition of warning 11 times in total because he did not work properly during working hours without justifiable grounds while performing his duty of military service as a social service personnel.

Military service is a basic and essential obligation to maintain the existence and security of the Republic of Korea, and it is not an exception to social service personnel.

The defendant has not faithfully performed his duty of military service, and such crime constitutes a grave crime that only prescribes imprisonment.

The defendant did not improve his attitude of service even in respect of comments and warnings of service institutions which have more than once.

Even if the Defendant was dismissed on December 28, 2017, the Defendant was subject to a disposition that had no suspicion at the prosecution’s stage on the ground that he could not be deemed to have left his service even if he had been on duty even at the time. However, the instant crime was committed through the investigation process.