A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The defendant is a social work worker who has worked in the welfare of the elderly and the B team for the elderly in South Korea.

Social work personnel shall not desert from their service for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant was absent from office without permission for eight days from April 11, 2019 to February 2 of the same month without permission.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes as a reason for escaping from service;

1. Subparagraph 1 of Article 89-2 of the relevant Act on criminal facts;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following favorable circumstances):

1. The scope of applicable sentences under law: Imprisonment for one month to three years; and

2. Scope of recommendations based on the sentencing criteria: Non-establishment of sentencing criteria;

3. Determination of sentence: Imprisonment with prison labor for six months and one year of suspended sentence shall be punished only by imprisonment with prison labor for a deviation from service of social work personnel.

This is considered to consider the importance of performing the duty of military service granted to Korean citizens, and the nature of the crime of this case committed by the defendant who violated the duty of faithful service while serving as social work personnel is absolutely weak.

However, the defendant has led to the confession of the crime of this case and has served in good faith thereafter.

In addition, the defendant is an initial offender who has no criminal record.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined the same type as the order.