A defendant shall be punished by imprisonment with prison labor for three months.

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

Punishment of the crime

Social service personnel or art sports personnel shall not leave their service or serve in the relevant field for at least eight days in total without justifiable grounds.

The Defendant, as a social service personnel working in Leecheon-si C, left from the Defendant’s workplace for at least eight days in total from January 22, 2018 to February 7, 2018 without good cause.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement of the reason for secession from service;

1. The defendant asserts to the effect that he had no intention to leave his service since he did not serve as a result of his failure to receive notification of his return.

A person who serves as a social service personnel may resume his/her service for a certain period of more than one month (Article 31-3(1) of the Military Service Act and Article 65(1)1 of the Enforcement Rule of the same Act). If a social service personnel who has such grounds submits an application for division of social service personnel to the head of the relevant service institution, the head of the regional military service office shall, after determining whether to suspend his/her service and the period of suspension of service, deliver a written notice of division of social service personnel to the head of the service institution through the head of the relevant service institution, and the social service personnel whose period of suspension of service expires shall report re-service to the head of the service institution on the date following the end of the period (Article 31-3(2) of the Military Service Act and Article 65(2) through (4) of the Enforcement Rule of the same Act). According to evidence adopted by the court, the Defendant received a written notice of suspension of service from the Incheon Hospital on June 26, 2017 to 10.