The defendant's appeal is dismissed.

1. The lower court found the Defendant guilty of violating the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.) among the facts charged, and sentenced the Defendant to two years and six months, and dismissed the public prosecution regarding the assault.

However, since only the Defendant appealed the part of the judgment of the court below as to the conviction and the part concerning the dismissal of public prosecution was not appealed by the prosecutor, the part concerning the dismissal of public prosecution among the judgment below became final and conclusive, and only the portion of the judgment of the court below

2. Summary of grounds for appeal;

A. As to the violation of the Military Service Act among the facts charged in the instant case, the Defendant received a notice of call-up to social work personnel on November 14, 2013, and the fact that the Defendant did not respond to the call-up from December 2, 2013, which is the director of the regional military service, without a justifiable reason. However, Article 88(1) of the Military Service Act is premised on the premise that the notice of call-up was served lawfully. However, the Defendant cannot be deemed to have received a notice of call-up on the ground that the notice of call-up cannot be deemed to have been served due to the failure to receive it 20 days prior to the date of

Nevertheless, the judgment of the court below that convicted the defendant of this part of the facts charged is erroneous in the misapprehension of legal principles.

B. The sentence imposed by the court below on the defendant (two years and six months of imprisonment) is too unreasonable.

3. Determination

A. Article 88(1)2 of the Military Service Act provides that a person who received a notice of call-up to social work personnel service shall be punished by imprisonment with labor for not more than three years where he/she fails to comply with the call-up after the lapse of three days from the date of call-up without justifiable grounds.

Article 53 (1) of the Enforcement Decree of the Military Service Act provides that the director of the regional military manpower office shall serve a notice of call-up on the person 30 days prior to the call-up.