The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (six months of imprisonment) against the Defendant is too unreasonable.

2. Since the duty of military service should be faithfully performed, the failure to enlist, etc. requires strict punishment. The crime of this case only requires imprisonment with prison labor, and the defendant committed the crime of this case during the period of repeated crime and thus, the sentence of imprisonment with prison labor is inevitable because it is impossible to sentence a suspended sentence under the law due to the crime of this case during the period of repeated crime, etc.

However, the court below's punishment against the defendant is somewhat inappropriate in view of the fact that the defendant has fulfilled his duty of military service in good faith as a public interest service personnel in his depth, the fact that there is no record of punishment for the same kind of crime, and other various sentencing conditions shown in the records and arguments, such as the age, happiness, family environment, circumstances before and after the crime, etc.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

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

Application of Statutes

1. Article 88 (1) 2 of the relevant Act on criminal facts;