The defendant is innocent. The summary of this judgment shall be notified publicly.

1. The gist of the facts charged is C High School public interest service personnel belonging to the Incheon Metropolitan City Office of Education.

The Defendant, on February 15, 2013, from February 18, 2018 to February 22, 2013, was absent from service for 9 days in total due to the Defendant’s failure to work at C High Schools without justifiable grounds for 3 days from February 25, 2013 to February 25, 201.

2. Determination:

A. Article 89-2 subparag. 1 of the former Military Service Act (amended by Act No. 11849, Jun. 4, 2013) provides that “Any person who deserts from his service or fails to serve in the pertinent field for at least eight days in total without justifiable grounds shall be punished by imprisonment with labor for not more than three years.”

The term “justifiable cause” is stipulated as “the grounds that justify the nonperformance of the duty of military service specified by the decision of the head of the Military Affairs Administration, etc., i.e., reasons that cannot be attributable to a person who left military service, such as illness (see, e.g., Supreme Court Decisions 2004Do2965, Jul. 15, 2004; 2010Do2514, May 13, 2010). B. The mental appraisal submitted by the Defendant and the records of this case, are various circumstances indicated in the following: (a) the occurrence of depression, namely, the Defendant’s family ability discovered by the Defendant’s mother and other family members, including the Defendant’s mother, might have influenced the Defendant’s depression; (b) the Defendant was recommended to provide severe medical treatment at the time of a draft physical examination, but did not actively know his future treatment, and (c) the Defendant was discharged from military service and discharged from military service, and (d) the Defendant was discharged from military service and discharged from military service.