A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

The punishment of the court below (one year and six months of imprisonment) is too unreasonable.

Judgment

Since the duty of military service is the most fundamental and unnecessary duty of all citizens to maintain the existence and security of the Republic of Korea, it is unfavorable that a strict punishment is required for an act that fails to perform the duty of military service without any justifiable reason; however, there are circumstances to be taken into account as follows: (a) the defendant's mistake is recognized; (b) the defendant was committed for his family's livelihood; and (c) the defendant was faithfully performing the duty of military service; and (d) the fact that the defendant has faithfully performing the duty of military service is favorable; and (e) other various sentencing conditions specified in the arguments in the instant case, such as the circumstances leading to the instant crime, circumstances after the commission of the crime, the defendant's age, character and conduct, etc., are recognized as being unreasonable, and the defendant's argument

Therefore, the defendant's appeal is justified, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

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 relevant Act on criminal facts;

1. Article 62 (1) of the Criminal Act;