The defendant shall be innocent.

1. The Defendant is one of the public interest service personnel working at the C Care Center located in Gwangju Mine-gu.

Although the Defendant ought to work at the aforementioned C Care Center from February 14, 2012 to July 16, 2012, the Defendant was given a warning by attending work after working hours without justifiable grounds, and was given a warning by leaving work hours after commencement of work, leaving work without permission, and leaving work places for eight times from that time to July 16, 2012, as shown in the attached list of crimes.

2. The prosecutor charged the facts charged in this case by applying Article 89-3 subparagraph 2 of the Military Service Act, and the above provision provides that "any public interest service personnel shall be punished by imprisonment with prison labor for not more than one year in cases where he goes to work after the start of work, leaves from work without permission, or deserts from work place at least eight times in total without justifiable grounds among reasons falling under Article 33 (1) 5 of the Military Service Act, and Article 89-2 subparagraph 1 of the Military Service Act provides that "any public interest service personnel shall be punished by imprisonment with prison labor for not more than three years in cases where he deserts from his service or fails to perform his service in the relevant field for not less than eight days in total without justifiable grounds." Thus, the Military Service Act separates "eviting from his service" and "violation of his duty."

However, among the facts charged in the instant case, the facts charged Nos. 2 in the separate sheet of crime Nos. 2 are found to have been absent from work on March 20, 2012 by the Defendant, and according to the evidence adopted and examined by the court, the Defendant was found to have retired from work because he did not leave work at the same time on the day on which he should work but rather did not work at work without undergoing due process.

Thus, the facts charged No. 2 are "after the start of work" under Article 89-3 subparagraph 2 of the Military Service Act, which is the applicable provisions of the facts charged in this case.