A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

The defendant is the social work personnel of the Osan City Facility Management Corporation.

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 for nine days in total from March 12, 2018 to March 23, 2018 without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. The defendant asserts that there is a justifiable reason to leave his service inasmuch as the application for divisional service was caused by the instant crime, inasmuch as the application for divisional service was not accompanied by a written diagnosis because he did not have any mental or physical character due to depression, etc. However, according to the evidence duly adopted and examined by this court, the defendant can only be found to have withdrawn from his service as above, and there is no other circumstance to deem that the defendant was receiving hospital treatment, and thus, it is reasonable to deem that the defendant left his service without justifiable grounds.

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

1. Article 62 (1) of the Criminal Act (including the fact that a person has not committed the same offense but has fulfilled his/her remaining duty of service faithfully);