The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. Since the duty of military service is the most fundamental and unnecessary obligation of all citizens to maintain the existence and security of the Republic of Korea, the defendant's act of failing to comply with the call-up for enlistment in active duty service requires strict punishment.

However, in light of the following circumstances: (a) the Defendant recognized his mistake and thereby is able to perform the duty of military service in good faith; (b) the Defendant has no criminal records on criminal punishment; and (c) the motive and background leading up to the instant crime; (d) the circumstances before and after the instant crime; and (e) the Defendant’s age, character and conduct, environment, occupation, and family relationship, the sentence imposed by the lower court is too unreasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the 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 relevant Act on criminal facts;

1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances in front);