The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. In light of the fact that the duty of national defense is the most fundamental and unnecessary duty of all citizens to maintain the existence and security of the Republic of Korea, it is necessary to strictly punish the Defendant’s failure to enlist in the military without any justifiable reason even after having received the written notice of enlistment in active duty service. The Defendant’s failure to report the change of residence of a person liable for military service before, and thus, has the record of being sentenced to a fine for violation of the Military Service

However, in full view of all the circumstances, such as the Defendant’s character, character and environment, the background and result of the instant crime, the circumstances after the crime, etc., and the conditions of sentencing as shown in the pleadings, the sentence imposed by the lower court is somewhat unreasonable, and thus, the Defendant’s above assertion is reasonable, since it is recognized that the Defendant’s punishment imposed by the lower court is somewhat unreasonable.

3. Accordingly, the defendant's appeal of this case is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 88 (1) 1 of the relevant Act on criminal facts;

1. Article 62 (1) of the Criminal Act on the suspended execution ( normal consideration of favorable reasons for the reversal of the above judgment);