The judgment below is reversed, and the case is remanded to the Incheon District Court Panel Division.

The grounds of appeal are examined.

1. Article 89-2 Subparag. 1 of the former Military Service Act (amended by Act No. 11849, Jun. 4, 2013) provides that “Any person who deserts from his service or does not serve in the pertinent field for at least eight days in total without justifiable grounds shall be punished by imprisonment with labor for not more than three years,” and “justifiable cause” refers to a cause that may justify the nonperformance of the duty of military service specified by the decision of the Commissioner of the Military Manpower Administration, etc. by the decision of the Commissioner of the Military Manpower Administration, i.e.

(See Supreme Court en banc Decision 2004Do2965 Decided July 15, 2004, and Supreme Court Decision 2010Do2514 Decided May 13, 2010, etc.). 2. Although the lower court acknowledged that the Defendant had a lack of ability to discern things or make decisions due to depression at the time of committing the instant crime, the lower court rejected the Defendant’s assertion that the Defendant had a legitimate reason for escaping from service as a public duty personnel due to mental illness, and found the Defendant guilty of the instant facts charged.

3. However, the above determination by the court below is difficult to accept for the following reasons.

According to the evidence and records duly adopted and examined by the court below, the following facts are revealed.

1) The Defendant was born in 191 and was divorced by his parents around 2002, which was the time of elementary school students, and was unable to adapt well to school life. In around 2005, the Defendant was unable to adapt well to school life. Around 2005, the mother, who was the mother, died from a high school going through around 2007, when he had economic difficulties due to K’s disease. (2) The Defendant continued to receive medical treatment for depression from around 2008, and the Defendant was suffering from the liver villages, the her mother and the her mother, and the her mother have mental capacity in the Defendant’s external family relationship, such as suffering from the liver, or attempted suicide through a mental fission, and the Defendant’s mother also has from August 207.