Defendant shall be punished by imprisonment for a term of one year and six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

2. Since the duty of military service is the most fundamental and essential duty of all citizens to maintain the existence and security of the Republic of Korea, a strict punishment is required for a defendant to fail to perform his duty of military service without justifiable grounds even after having received a written notice of enlistment in active service. The defendant is bound by continuous absence on the trial date and the sentence date of the court below.

However, there is no record of criminal punishment except that the defendant has been sentenced three times to a fine due to non-licenseless driving, and the defendant will faithfully perform his military service without any identical mistake in the future.

In addition, it seems reasonable to provide the defendant with an opportunity to faithfully perform the duty of national defense, and the family members of the defendant want to guide the defendant, and the defendant wanting to leave the defendant.

In full view of the above unfavorable circumstances and favorable circumstances, as well as other circumstances, such as the Defendant’s age, sex, environment, economic condition, family relationship, motive and background of the crime, circumstances after the crime, etc., it is desirable to grant the Defendant an opportunity to suspend the execution of imprisonment and return to society.

The above argument by the defendant is justified, since the court below's punishment is somewhat inappropriate.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and it is re-written as follows.