A defendant shall be punished by imprisonment for four 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

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

The Defendant left an area without justifiable grounds for a total of 40 days from November 1, 2019 to January 10, 2020, where he/she was serving as a public interest service personnel at the “C Care Center” located in Yongsan-gu, Yongsan-gu, Incheon Metropolitan City.

Summary of Evidence

1. To report the daily statement of accusation against the defendant's violation of the Military Service Act, the investigation report of his/her escape from service, and absence from office without permission, and the application of Acts and subordinate statutes in the statement of his/her escape from service;

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

1. Article 62 (1) of the Criminal Act;

1. The crime of leaving his service as a social work personnel with the reason of sentencing under Article 62-2 of the Criminal Act shall not 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.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant stated that he/she is against the charge, the first offender, the fact that he/she is to support his/her spouse and children, and the fact that a social welfare worker in charge desires to take the defendant's wife, the punishment as ordered shall be determined by taking into account the circumstances, such as the defendant's age, character and conduct, environment, circumstances after the crime, etc.