The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (six months of imprisonment) is too unreasonable.

2. In light of the fact that the Defendant did not enlist in the military within three days after receiving a notice of enlistment in active duty service without justifiable grounds, and that the nature of the crime is not weak, and that the Defendant has already been subject to criminal punishment for suspended execution once for the same kind of crime, etc., the Defendant should be subject to strict punishment.

However, on the other hand, the defendant's recognition of the crime of this case and reflects his mistake in depth, and will faithfully perform military service in the future.

In full view of the fact that the punishment of the court below is too unreasonable because the economic situation is difficult, and that it is necessary to support the aged children, and other various sentencing conditions shown in the records and arguments of this case, such as the background of the crime of this case, the age of the defendant, sexual conduct, environment, etc., the defendant's assertion is reasonable.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 88 (1) 1 of the Military Service Act concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for reversal as mentioned above);