The judgment of the court below is reversed.

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

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

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable because the sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. The crime of this case is deemed to have failed to perform the duty of military service without any justifiable reason even after the defendant had postponed enlistment several times. In light of the fact that the duty of national defense under the special real security situation of Korea where the predictability of unstable performance exists due to military conflict with North Korea, the crime of this case is the most fundamental and necessary duty of all citizens to maintain the existence and security of the Republic of Korea.

Moreover, the defendant has been punished for the same crime.

Considering these circumstances, criminal punishment for the defendant is inevitable.

However, considering the following factors in light of the Defendant’s age, sex, environment, family relationship, motive and result of the crime, etc., it is deemed appropriate to suspend the execution of the sentence only once against the Defendant. Thus, the sentence imposed by the lower court against the Defendant is too unreasonable.

0 The defendant 0 recognized the crime of this case for the first time, and made it hard to fulfill his duty of military service in good faith.

0 The defendant is currently supporting his spouse and children.

0. The defendant has no record of crime subject to a suspended sentence or heavier punishment.

3. According to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is identical to the corresponding column of the judgment of the court below, except for the addition of “1.1 Defendant’s oral statement” to the column for the evidence of the court below, and thus, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.