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) is too unreasonable in light of the fact that the Defendant is against his mistake in depth and is fulfilling his duty of military service.

2. In the instant crime, the Defendant’s failure to enlist in the active duty service without any justifiable reason even after being notified of enlistment in the active duty service, and the nature of the crime is not less than that of the crime; however, the Defendant’s mistake is against the Defendant’s depth; and the Defendant’s intent to faithfully perform his duty of military service is to be given an opportunity to perform his duty

In full view of the favorable circumstances, such as the fact that there is no criminal history of punishment for the defendant (limited to the fact that the defendant has been punished twice due to the violation of the Military Service Act due to the failure to implement the move-in report) and other favorable factors such as the defendant's age, sexual conduct, environment, family relationship, family environment, circumstances after the crime and circumstances after the crime, etc., the sentence of the court below is too unreasonable and it is reasonable to suspend the execution of imprisonment only once.

The defendant's appeal is with merit.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and the case is remanded to the court below as follows.

[Re-written judgment] The facts constituting an offense and the summary of evidence recognized by the court and the summary of evidence are as stated 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 Military Service Act concerning facts constituting an offense;

1. The sentence shall be determined as per Disposition by comprehensively taking into account the various sentencing conditions as seen earlier prior to the reasons for sentencing under Article 62(1) of the Criminal Act.