A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The defendant is a social work personnel working for C Corporation located in Incheon B.

A social work personnel member shall not be issued a warning disposition at least eight times due to his/her attendance at work after daily start hours, early retirement from work place without permission, or leaving work place without justifiable grounds.

Nevertheless, the Defendant violated his duty of service by receiving a warning disposition at least eight times on September 4, 2019, around September 25, 2019, around October 30, 2019, around November 22, 2019, around December 29, 2019, around December 3, 2019, around December 9, 2019, around December 9, 2019, and around January 10, 2020, on the ground that he goes to work after the start of work at the above workplace without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to file complaints against social work personnel who violate the Military Service Act, personal statements, and circumstances leading to breach of duty;

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

1. In light of the reasons for sentencing under Article 62(1) of the Criminal Act, it is necessary to strictly punish the defendant in light of the circumstances and contents of the instant crime. However, the fact that the defendant is willing to faithfully perform his/her duties in breach of the crime, and that the defendant is a primary offender who has no record of criminal punishment, and that the defendant has no record of criminal punishment, the punishment is determined as ordered by taking into account various factors of sentencing as shown in the arguments, including the defendant’s age, character and conduct, family relationship, and circumstances