A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[Criminal record] The Defendant was sentenced to a suspended sentence of 8 months of imprisonment due to fraud, etc. in the Changwon District Court's Msan Branch on March 28, 2017, and the judgment became final and conclusive on April 5, 2017, and is currently under suspended sentence.

[ criminal facts] The defendant is a social service worker who has served in the team of the Urban Development Corporation C in Kimhae-si, 1082-4, Kimhae-si, and social service personnel should not leave their service for at least eight days in total or not serve in the pertinent field without justifiable grounds.

Nevertheless, without justifiable grounds, the Defendant left his service for the total period from July 1, 2017 to July 18, 2017, for two days from July 17, 2017 to July 18, 2017, for three days from September 5, 2017 to September 7, 2017, for three days from September 19, 2017, for September 19, 2017, for four days from October 10, 2017 to October 13, 2017, without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A written statement on the reason of secession from each service and a fact-finding report on secession from each service;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (report during the period of suspended execution);

1. The Defendant’s reasons for sentencing under Article 89-2 subparag. 1 of the Military Service Act, as to criminal facts, reflects in depth the mistake.

In order to prepare the living cost while the parents were unable to have their parents living alone, they seem to have left the service of this case, and now, they seem to have been able to live a healthy life while working at the static point during the night.

The fact that the employees in the place where the defendant served want to take the defendant's wife can be considered as favorable circumstances.

However, the defendant has already committed the same kind of crime and has not yet been under the suspension of the execution of imprisonment with prison labor for more than six months, and has also committed the same kind of crime during the grace period.

The Military Service Act stipulates only imprisonment with prison labor for the escape of social service personnel, so the suspension of execution is the one.