The judgment of the court below is reversed.

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

1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence of imprisonment with prison labor for eight months) is too unhutiled and unfair.

2. The facts that the Defendant first committed the offense, and that the Defendant refused to enlist for health reasons, such as receiving diagnosis of the closure of the military service at the time of receiving the instant enlistment notice, etc., may be considered favorable to the sentencing.

However, Article 88(1) of the Military Service Act, which is a punishment provision for evading enlistment, has been prepared to specify the duty of national defense, which is the most fundamental duty of the people, and if national security is not achieved because such duty of military service is not fulfilled properly, it cannot be guaranteed as human dignity and value as well as the defendant's health status is not good even after being judged in Grade 3 on active duty, and the current military service system is not appropriate for the elderly over 30 years old.

In light of the fact that the defendant expressed his intention not to perform his duty of military service in the future, and all of the sentencing conditions stated in the records of this case, such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime of this case, and the circumstances after the crime, etc., the sentence of the court below is acknowledged to be unfair because it is too unfasible (in this situation, where the defendant is sentenced to imprisonment with prison labor for less than one year and six months under the current law or a suspended sentence of imprisonment with prison labor for less than one year and six months, in order to prevent the defendant from refusing enlistment after receiving a notice of enlistment again and repeatedly subject to punishment, the court below's decision shall be reversed and remanded pursuant to Article 36 (1) 2 of the Military Service Act, and Article 136 (1) 2 (a) of the Enforcement Rule of the Military Service Act). 3. Inasmuch as the prosecutor's appeal is well-grounded, the court below's decision shall be reversed as follows pursuant to Article 36 (4) of the Criminal Procedure Act.

[Judgment] Summary of facts constituting an offense and evidence.]