2. The circumstances favorable to the Defendant include: (a) the Defendant recognized his mistake and reflects his depth; (b) some of the circumstances that can be considered in the process of the Defendant’s secession from his service; and (c) the Defendant has no particular penal force except for the violation of the

However, the fact that the defendant is punished as a violation of the Military Service Act and that the criminal liability for committing the same crime again during the suspension of execution is not against the defendant.

In addition, considering the motive of the crime, the circumstances after the crime, the age, character and conduct, environment, and family relationship of the defendant, various sentencing conditions specified in the records and arguments of this case, the sentence of the court below cannot be deemed unfair.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.

(However, among the judgment of the court below, it is clear that "the defendant is a public interest service personnel" in the second part of the judgment of the court below is a clerical error of "the defendant is a social service personnel", and it is corrected ex officio pursuant to Article 25 (1)