A defendant shall be punished by imprisonment with prison labor for four months.

In light of the fact that the court below's sentence (one year and six months of imprisonment) is too unreasonable.

2. In light of the fact that the duty of military service is the most fundamental and essential obligation to maintain the existence and security of the Republic of Korea, the act of failing to perform the duty of military service without justifiable grounds needs to be strictly punished, and the Defendant committed the instant crime even though he had been punished several times due to the same crime of suspended execution and fine due to the same type of crime.

However, the fact that the defendant recognized the crime of this case and reflects his mistake in depth, and that he does not again commit the same kind of crime.

In light of the intent to faithfully perform the duty of military service and the fact that it seems reasonable to provide the defendant with an opportunity to perform the duty of national defense in the same and similar cases, in full view of the defendant's age, sexual conduct, intelligence and environment, motive and background of the crime in this case, means and consequence of the crime in this case, circumstances after the crime in this case, criminal records, family relations, economic circumstances, etc., the punishment imposed by the court below against the defendant is too unreasonable to maintain it as it is too unreasonable.

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

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is the same as the relevant column of the judgment below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;