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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Reasons
1. The summary of the grounds for appeal that the court below imposed on the defendant (one year and six months of imprisonment) is undue.
2. We examine the judgment on the grounds of appeal. Since the duty of military service is the most fundamental and unnecessary obligation to maintain the existence and security of the Republic of Korea, it is necessary to punish the act of failing to perform the duty of military service without justifiable grounds, and there is a history of having been punished several times due to the same kind of crime, and the fact that the crime of this case was committed during the suspended execution period due to the same crime is recognized as an unfavorable circumstance to the defendant.
However, it seems reasonable to provide the defendant with an opportunity to perform the duty of national defense with an opportunity to faithfully perform the duty of national defense, in full view of the fact that the defendant recognized the crime of this case and committed the crime of this case and expressed that he would not commit the same kind of crime again, and that it would be reasonable to provide the defendant with an opportunity to perform the duty of national defense. In full view of the defendant's age, character and behavior, intelligence and environment, motive, circumstance, means and consequence of the crime of this case, the circumstances after the crime of this case, criminal records, family relations, economic circumstances, etc., the punishment imposed by the court below is somewhat somewhat unreasonable to maintain it as it is, and the defendant's assertion is reasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the reasoning of the judgment below, and thus, it is citing it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Criminal facts;