The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts is a person with good correspondence, and thus, does not intend to evade, or reduce, military service duty.

B. The first instance sentence of unfair sentencing (ten months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the Defendant asserted the same purport in the first instance trial.

The first instance court rejected the Defendant’s assertion in detail under the title “determination on the purpose of evading military service.”

Compared with records, the first instance judgment is justifiable.

The defendant's assertion of mistake is without merit.

B. As to the assertion on unreasonable sentencing, the instant crime is a reduction of or exemption from the duty of military service, which is a basic duty of the citizen, and thus, undermining the body of an active duty soldier, the crime is not good and its nature is not good, and such an act needs to be strictly punished as impairing the foundation of the military service system.

The defendant, while denying the crime, does not seem to be a genuinely against the defendant.

In addition, in full view of the defendant's age, character and conduct, environment, circumstances of crimes, details, results, and all the sentencing conditions shown in the records and pleadings, the first instance sentence is too unreasonable.

The defendant's assertion of unfair sentencing is without merit.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit