The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for three years from the date this judgment became final and conclusive.

1. The sentence of the original court (one year and six months of imprisonment) shall be too unlimited and unfair; and

2. The circumstance in which the Defendant intentionally evaded enlistment is recognized.

However, it seems reasonable to provide an opportunity for the Defendant to faithfully perform his duty of national defense, rather than serving as a sentence of imprisonment, with prison labor, and considering various sentencing conditions, such as the motive and circumstance of the instant crime, its contents, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, the sentence of the lower court is deemed unreasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered after pleading, on the grounds that the appeal by the defendant is well-grounded.

Criminal facts

Since the criminal facts and the summary of evidence admitted by the party members of the summary of the evidence are as shown in the corresponding column of the judgment of the court below, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 88(1)1 of the former Military Service Act (amended by Act No. 9754 of Jun. 9, 2009) on criminal facts

1. Article 62 (1) of the Criminal Act on the suspended execution (Consideration of the foregoing reasons);