2. The lower court rendered a sentence in consideration of the fact that the Defendant committed a crime during the period of suspension of execution of the Military Service Act.

The defendant has to fulfill his duty of military service in an appellate trial.

The defendant was sentenced to a suspended sentence (the vice court of Busan District Court 2018 High Court 201 High Court 601) due to his faithful performance of military service.

After that, even though the enlistment notice of this case was received, it did not respond to the convocation on the ground of disease.

Nevertheless, the investigative agency did not submit any data related to diseases.

In the judgment of the court below, upon the designation of the sentencing date, the medical certificate stating the name of the person who was accompanied by an acute tragic tragic tragic tragic tragic tragic tragic tragic tragic tragic tragic

It is difficult to trust the defendant's argument that he will perform military service.

When considering the criminal records, age, etc. of the defendant, the sentence of the court below, which meets the requirements for enlistment in wartime labor service under Article 65 (1) 2 of the Military Service Act and Article 136 (1) 2 (a) of the Enforcement Decree of the Military Service Act, is recognized as appropriate.

3. The appeal by the defendant is without merit.

The dismissal under Article 364 (4) of the Criminal Procedure Act is dismissed.