A. The lower court’s imprisonment (six months of imprisonment) against the Defendant is too unreasonable.

B. The lower court’s above sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the aforementioned legal principles, the Defendant, despite having been issued a disposition to revoke permission for overseas travel by the director of the Seoul Military Manpower Administration on September 26, 2013, the Defendant left the Republic of Korea without obtaining permission from the director of the Military Manpower Administration for the purpose of evading the duty of military service and immediately left the Republic of Korea for a long period exceeding five years after the following day, and returned to the Republic of Korea after being assigned to the wartime Labor Service and has been exempted from the duty of enlistment, and the nature of the crime is very good and the possibility

The duty of national defense is the constitutional duty to maintain the existence and security of the Republic of Korea and at the same time to enjoy the constitutional rights granted to the citizens of the Republic of Korea, and there are circumstances such as the belief that anyone must perform the duty. Although the sentence is imposed on the defendant, there is a risk of cancelling the permanent residence right of the United States that the defendant acquired as difficult if the sentence is imposed on the defendant, and a harsh result from the retirement from

However, considering the legislative intent of the penal provision of the Military Service Act to ensure the equitable performance of the duty of military service and to prevent the evasion of the duty of military service as a means of staying in a foreign country, it is inevitable to punish the defendant with severe penalty corresponding to the responsibility of the crime.

However, when the defendant was in a trial, he/she made confession of the crime of this case and made his/her mistake.