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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

From April 25, 2019, the defendant shall not leave from office for at least eight days in total as social work personnel in Yongsan-gu, Yongsan-gu, Seoul, and social work personnel shall not leave from office for at least eight days in total without justifiable grounds.

Nevertheless, from October 21, 2019 to December 26, 2019, the Defendant left from office by unauthorized absence from office in the above “C” while serving in society without any particular reason.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on absence from work without permission for 11 and 12 months to social work personnel, and application of each written fact-finding report on absence from work and each Act and subordinate statutes of the Ministry of Health and Welfare

1. Subparagraph 1 of Article 89-2 of the former Military Service Act (Amended by Act No. 16852, Dec. 31, 2019) on criminal facts

1. A crime of leaving his service as a social work personnel on the grounds of sentencing under Article 62(1) of the Criminal Act cannot be deemed to be less than that of a crime in light of the equity with other people who faithfully perform the duty of military service, and there is no short period of the defendant's secession from his service and thus the corresponding punishment is needed.

However, the above punishment shall be determined in consideration of the fact that the defendant's mistake is recognized, that there is no criminal power, that there is no other crime, and that the defendant's family environment, etc.