A defendant shall be punished by imprisonment for not less than eight months.

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

2. The duty of military service is the most fundamental and necessary duty of all citizens to maintain the existence and security of the Republic of Korea, and requires strict punishment for non-performance of the duty of military service without justifiable grounds; the defendant has been sentenced to one year of probation in June 25, 2013 for the same crime; however, despite the fact that the defendant had been sentenced to one year of probation in June 25, 2013, he again committed the crime of this case during the period of probation, there is a high possibility of criticism. However, there is a need for strict punishment for the defendant in light of the fact that the defendant has committed the crime of this case. Meanwhile, the defendant is the confession of all of the crimes of this case, and the defendant seems to have been given a sufficient opportunity to reflect his life through confinement for more than two months; the defendant is the most duty to support his two married, and there is a series of circumstances to be considered in light of the circumstances, such as the defendant's failure to repeat the duty of military service in good faith; the defendant's family and other family members are serving the defendant in good faith, age and circumstances, and circumstances of this case.

Therefore, the defendant and his defense counsel's assertion of unfair sentencing is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The Court shall have jurisdiction over the summary of the evidence and evidence.