The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for four months.

1. The summary of the grounds for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The defendant's failure to perform his/her duty, such as absence from work without reasonable grounds, is inevitable to punish the defendant on the ground that he/she neglected his/her duty, even though he/she had been in a probation period due to a violation of the Punishment of Violences, etc. Act (joint injury).

However, it is unfair that the court below's punishment is too unreasonable when considering the defendant's character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc. are considered as follows: (a) the defendant has been working in good faith for about one year and six months before September 6, 2019 as social work personnel; (b) there is no same kind of power; (c) there is an attempt to work in good faith in the future; and (d) there is an attempt to work in the future, such as passing an examination and public announcement upon the cancellation of the above suspension of execution during the trial of the court below; and (e) there are other circumstances after the crime.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

【Reason for the Judgment of the Supreme Court】 The facts constituting a crime and the summary of evidence recognized by the court are identical to each corresponding column, and thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Grounds for sentencing under Article 89-2 (1) 1 of the relevant Act on criminal facts;

1. Determination of sentence: Determination of sentence as ordered by comprehensively taking into account the terms and conditions of sentencing set forth earlier than four months;