The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that, for one year from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. Since 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, the defendant requires strict punishment for non-performance of the duty of military service without any justifiable reason despite having received the written enlistment notice in active service, and the defendant is bound by continuous absence on the trial date and the sentencing date of the court below.

However, it seems reasonable to provide the defendant with an opportunity to faithfully perform his duty of national defense because the defendant has been living in custody for about two months, and the defendant has not been subject to criminal punishment prior to the crime of this case, and the defendant seems to have been live in good faith so far, the defendant has not committed the same error and has been able to faithfully perform his duty of military service in the future. The defendant's health status is not good, the defendant's family members are able to guide, and the defendant's family members want to live in custody against the defendant, etc. are favorable to the defendant.

In full view of the above unfavorable circumstances and favorable circumstances, and other circumstances, such as the defendant’s age, character and conduct, environment, economic situation, family relationship, motive and background of the crime, and circumstances after the crime, etc., it is judged that it is desirable to grant the defendant an opportunity to return to society by suspending the execution of imprisonment with prison labor. Since the sentence of the court below is somewhat unreasonable, the above argument by the defendant is reasonable.

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