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 summary of the grounds for appeal (the mistake of facts and misapprehension of legal principles) under Article 89-2 subparagraph 1 of the Military Service Act is “justifiable cause” as an element of establishing a crime, and such substantial cause must be the same.

The Defendant left from the service of social work personnel due to inorganic evidence, depression, etc., and the Defendant’s depression, etc. cannot be deemed as having been gross enough. This is only the reason for sentencing.

Nevertheless, the lower court which acquitted the Defendant on the ground that there was a justifiable reason for leaving his service due to depression, etc., erred by mistake of facts and by misapprehending legal principles.

2. The summary of the facts charged was convened to social work personnel on April 4, 2013, and served as document delivery staff at the Gangnam-gu Seoul Metropolitan Government Office C community service center, and was transferred to D on November 25, 2013, and served as a general administrative support staff.

The Defendant did not work at the Gangnam-gu Office that is working place for two days from October 18, 2013 to November 26 of the same month, from November 13, 2013 to November 25 of the same month, and from December 5, 2013 to January 9 of the same month, and from January 6, 2014, on the ground that there was a string and depression for eight days from December 5, 2013 and January 6, 2014.

Accordingly, the defendant left his service for a total period of not less than 8 days without justifiable grounds.

3. The judgment of the court below is that the "justifiable cause" under Article 89-2 subparagraph 1 of the Military Service Act refers to a cause not attributable to the person who left his service, such as a disease, and the defendant's daily living records, diagnosis certificates, psychological evaluation reports, etc., which are considered as a whole, ① the defendant suffered economic difficulties due to the failure of his business conducted during a period of time, and the defendant transferred to Seoul where he is string in the region inevitably due to family circumstances, and the occurrence of depression occurred. ② The defendant's appearance, such as the depression, deepening the depression through the middle high school, and moving to the school several times after his graduation from high school, is not easily adapted.