A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

From July 2016, the defendant was called up to serve as a social service personnel to support social service duties, administrative affairs, etc. necessary to carry out public objectives of B (Sdong-gu, Busan) who is a public organization from July 2016.

[2] In addition to [2017 Highest 2830, 2017 Highest 2830, hereinafter referred to as “2830] and [201 Highest 3674; hereinafter referred to as “3674”)], the Defendant received warnings from both the Defendant and his/her employees on January 4, 2017:

As a result, the Defendant was given a warning disposition at least eight times due to absence from work or unauthorized absence after the start of work without justifiable grounds.

[2] The Defendant, while serving as a social service personnel (hereinafter referred to as “3835”), went away from his/her service without good cause on January 13, 2017; May 4, 2017; May 12, 2017; May 16, 2017; May 19, 2017; and June 23, 2017; and June 26, 2017; and June 28, 2017.

Accordingly, the defendant, as a social service personnel, has deserted his service for at least eight days in total without justifiable grounds.

Summary of Evidence

[2830]

1. Statement by the defendant in court;

1. Statement made with D;

1. Accusation, notification on changes in status and investigation report on service conditions;

1. Statement by the defendant in court;

1. Accusation, notification on changes in status and investigation report on service conditions;

1. Statement by the defendant in court;

1. Statement made with D;

1. Application of Acts and subordinate statutes to accusation, notification on changes in status and investigation report on secession from service;

1. Relevant Article 89-2 Subparagraph 2 of the Military Service Act (Act No. 89-3), Article 33 (2) 5 ( [2830] and 33 (2) [3674] concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing of Article 62(1) of the Criminal Act on the suspension of execution comes to this Court, and the reason for sentencing is also against the defendant.