A. Defendant 1) The lower court found Defendant 1 guilty of violating the Military Service Act, misunderstanding the facts and misapprehending the legal doctrine (as to the violation of the Military Service Act), although the Defendant was unable to undergo physical examination due to mental illness such as depression, etc., was erroneous by misapprehending the facts or by misapprehending the legal doctrine.

2) At the time of the instant case, the Defendant had weak mental capacity to discern things and make decisions due to mental illness, such as depression.

3) The sentence of the lower court’s unfair sentencing (an amount of KRW 300,00 and imprisonment amount of KRW 300,000) is too unreasonable.

B. The lower court’s sentence that is too uneasible to the prosecutor (unlawful in sentencing) is unreasonable.

2. Determination

A. The Defendant’s assertion of misunderstanding the facts and misapprehension of the legal doctrine is acknowledged to have suffered from the depression of a serious symptoms with mental disorder, but it is not allowed to unilaterally refuse the physical examination itself, aside from the fact that the Defendant is exempted from military service through the physical examination, even if there is a mental disorder, and it is doubtful whether the Defendant suffers from a mental disorder to the extent that it is impossible to undergo the physical examination. In full view of the above, there is justifiable reason for the Defendant’s failure to undergo the physical examination.

It is difficult to see it.

This part of the defendant's assertion is without merit.

B. Determination of the Defendant’s mental and physical weakness is recognized that the Defendant suffered from the hives of serious symptoms with mental disorder, but it is difficult to recognize that the Defendant committed each of the instant crimes because the Defendant was unable to discern things or make decisions due to mental illness in light of the background leading up to the crime, the means and methods of the crime, and the circumstances before and after the crime.

The defendant's mental and physical weak argument is rejected.

(c)

In comparison with the first trial court's decision on the unfair argument of sentencing by the defendant and the prosecutor, there is no change in the conditions of sentencing, and the first trial sentencing is discretionary.