The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. Sentencing sentencing on the gist of grounds for appeal (the sentence of the lower court shall be six months);

2. The defendant's act of leaving military service without fulfilling his duty to perform as a judge citizen requires strict punishment, and the defendant has been punished as a suspended sentence of imprisonment due to a violation of the Military Service Act due to leaving military service in 2016 (including imprisonment for eight months and two years of suspended sentence) but the defendant committed the crime of this case at the same time is disadvantageous to the defendant.

However, in light of the fact that the Defendant recognized the instant crime and is in profoundly against the Defendant’s depth, the duty of military service has been faithfully performed while the trial was in progress, and other various sentencing conditions as indicated in the record, such as the background of the crime, the circumstances after the crime, the age of the Defendant, and family relationship, the sentence of the lower court is too unreasonable.

Therefore, the defendant's argument is justified.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered after pleading, on the grounds that the appeal by the defendant is well-grounded.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted 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. Subparagraph 1 of Article 89-2 of the Military Service Act concerning facts constituting an offense;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2(1) of the Criminal Act on the grounds of the sentencing of Article 62-2(1) of the Criminal Act shall be determined as per the order, taking into account the factors of sin.