The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The lower court found the Defendant guilty of the instant facts charged, inasmuch as there was a “justifiable cause” that the Defendant, as a misunderstanding of the facts, did not appear at the Gangnam-gu Office E community service center for eight days from August 1, 2016 to August 5 of the same month, and that he left the service, for eight days from August 8, 201 to October of the same month.

B. The sentence sentenced by the court below to the defendant (one year of suspended sentence in April) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following facts and circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the appellate court, the Defendant’s failure to serve during the pertinent period without justifiable grounds, and thus, the Defendant’s assertion of mistake of facts is rejected.

1) A person (a person who deserts from office of social service personnel, etc.) under Article 89-2 of the Military Service Act shall be punished by imprisonment for not more than three years.

1. The head of a community service personnel, or art and sports personnel who deserts, or fails to serve in the relevant field, for at least eight days in total, without justifiable grounds, may grant leave to social service personnel according to the following classification:

3. Sick leave:

(a) The relevant period where he/she cannot perform his/her duties due to a disease or injury incurred in performing official duties;

(b) Where he/she is unable to perform his/her duties due to a disease or injury other than official duties, the head of a service institution of social service personnel shall file a criminal charge of social service personnel falling under subparagraph 1 of Article 89-2 or Article 89-3 of the Act with the head of an investigation agency pursuant to Article 165 (2) and (3) for the relevant period, and shall suspend the service of the relevant social service personnel in any of the following cases:

1. When social service personnel are detained;