The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

1. The summary of the grounds for appeal is unfair because the punishment of one and half years of imprisonment with prison labor sentenced by the court below against the defendant is too unreasonable.

2. In that the duty of military service is the most fundamental and unnecessary obligation of all citizens to maintain the existence and security of the Republic of Korea, and thus, requires strict punishment for non-performance of the duty of military service without justifiable grounds, and the defendant committed the instant crime again during the period of suspension of execution despite the fact that the defendant had been sentenced to two years of suspension of execution in March 29, 2012 for the same crime.

However, if the defendant recognizes the crime of this case and reflects his mistake, and the defendant is engaged in daily work for the purpose of raising living expenses, etc. of his former wife and his father because of the lack of economic situation, and the defendant is engaged in daily work for the purpose of raising his living expenses, etc., the crime of this case is committed and there are some circumstances to be taken into account, and if the defendant appears to have sufficient reflective opportunity through prison life for more than two months, he can faithfully perform his military duty during the remaining service period. The defendant has no record of criminal punishment other than the past violation of the Military Service Act, and the defendant's mother seems to have been in the future more than before his re-service condition, such as his age, environment, family relations, and circumstances after the crime, etc., it is desirable that the court below sentenced the defendant to suspend the execution of imprisonment only once, and thus, it is desirable that the defendant should be given the opportunity to return to society.