The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, the period of two years from the date this judgment becomes final and conclusive.

1. The sentence imposed by the lower court (ten months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. In light of the judgment, since the duty of military service is a basic and essential duty to maintain the existence and safety of the Republic of Korea, the duty of military service is deemed to be a fundamental and essential duty to protect the existence and security of the Republic of Korea. Therefore, a strict punishment is required for an act of failure to perform such duty of military service in good faith without justifiable grounds. The defendant is disadvantageous to the defendant; however, the defendant recognized all the facts charged in this case at the time of the trial at the time of the trial at the time of the trial at the time of the trial at the time of the trial at the time of the defendant, and the defendant is deemed to have been engaged in another work at the request of the co-defendant of the court by the court below at the time of the defendant's joint defendant A,

In full view of all the circumstances shown in the records and arguments such as the fact that the defendant is detained in this case, that the defendant lives in custody for a period close to three months, that the health of the defendant is not good, that there is no criminal record, that there is no criminal record, and that the defendant's age, sex, environment, etc., the sentence imposed by the court below against the defendant is too unreasonable, and therefore the defendant's assertion is reasonable.

3. According to the conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and the following is ruled again after pleading.

Criminal facts

The summary of facts and evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 89-2 subparagraph 5 of the relevant Act and Article 40 subparagraph 2 and subparagraph 3 of the same Article of the Military Service Act concerning facts constituting an offense;