A defendant shall be punished by imprisonment for a year and a fine of KRW 300,000.

The above fine shall be imposed on the defendant.

A. One of the crimes of misunderstanding the legal principles (violation of Acts and subordinate statutes) as stated in the judgment below.

Since only imprisonment is imposed on the violation of the Military Service Act due to a deviation from service, the judgment of the court below which sentenced the fine is erroneous.

B. The sentence of unfair sentencing (the imprisonment for eight months and the suspension of execution for two years, the community service order 120 hours, the fine for three hundred and twenty thousand won) of the lower court is too unjustifiable and unreasonable.

Judgment

I am, among the crimes of No. 1 in the holding of the court below.

A crime of violation of the Military Service Act due to a deviation from military service is a crime falling under subparagraph 1 of Article 89-2 of the Military Service Act, and the statutory penalty is three years or less, but the court below committed the above crime against the defendant.

In addition to the violation of the Military Service Act due to the failure to perform the move-in report, a fine of KRW 300,000 shall be imposed.

Therefore, the prosecutor's argument pointing this out is with merit, and in this respect, the judgment of the court below must be reversed in its entirety.

In conclusion, the prosecutor's appeal of this case is reasonable, and the decision of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act without examining the prosecutor's argument of unfair sentencing, and it is again decided as follows.

Criminal facts

The summary of the evidence and criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Subparagraph 1 of Article 89-2 of the relevant Act on the Criminal Crimes (the point of escape from service), Articles 84 (2) and 69 (1) of the Military Service Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 230 of the Criminal Act, Articles 352 and 347 (1) of the Criminal Act, Article 347 (1) of the Criminal Act, each of the following provisions;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition (the crimes of uttering of official documents and unlawful uttering of official documents each other);

1. Selection of a penalty: