The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The decision of the court below on the gist of the grounds for appeal (three years of imprisonment with prison labor for a year and six months) is too unhutiled and unfair.

2. It is recognized that the judgment defendant led to the confession of the crime and repented his mistake.

However, the duty of national defense must be fulfilled to ensure the national security, and the person who evaded the duty is inevitable to be punished by severe punishment, and the defendant has been sentenced to two years of imprisonment with prison labor for a violation of the same Military Service Act on April 10, 2014, and in addition, considering the defendant's age, sex, environment, motive, means and consequence of the instant crime, and all of the sentencing conditions stated in the argument of the instant case, such as the defendant's age, sex, environment, motive, means and consequence of the instant crime, the punishment imposed by the court below is deemed to be too uneasy and unfair.

Therefore, prosecutor's assertion is justified.

3. In conclusion, the prosecutor's appeal 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 after pleading as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 88 (1) 2 of the relevant Act on criminal facts;