A defendant shall be punished by imprisonment for six months.

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

2. Although the defendant had already been punished for the violation of the Military Service Act due to the suspended sentence of imprisonment, the act of failing to convene the full-time reserve call during the period of the suspended sentence is an act of evading the duty of military service, and the necessity of strict punishment is high. However, in light of the motive and circumstance leading up to the crime of this case, the situation before and after the crime of this case, the defendant's age, character and conduct, environment, occupation, family relation, etc., the defendant's punishment of the defendant is somewhat unreasonable, considering the following circumstances: the defendant's act of failing to convene the full-time reserve call during the period of the suspended sentence is against the defendant's depth by committing a mistake through his life remaining for 4 months; the defendant has expressed his intention to refrain from committing the same mistake; and the defendant's intention to faithfully perform the duty of military service in the future; and the defendant's act

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

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

Application of Statutes

1. Article 88 (1) 1 of the former Military Service Act concerning criminal facts (amended by Act No. 11849, Jun. 4, 2013)

1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances in front);

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;