The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight 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) of the lower court’s sentence (eight months of imprisonment) is too unreasonable.

2. The duty of military service is the most fundamental and essential duty to maintain the existence and security of the Republic of Korea, and thus requires strict punishment for non-performance of the duty of military service without justifiable grounds, and the fact that the defendant has been sentenced to suspended execution and punishment due to non-performance of the duty of military service in the past.

However, there are extenuating circumstances such as the defendant's wrongness and the duty of military service in the future, the defendant's support for his family, the defendant's health appears to be not good, the defendant's family and his branch wanted to serve as a social service personnel in around 2007, and the defendant left his office as a social service personnel in around 2007, but there is no administrative or criminal measure immediately thereafter, and the defendant was delivered a notice of remaining service period of social service personnel in the year 2015, and it was caused by the crime of this case after receiving the notice of the remaining service period of social service personnel in the year 2015, and it is not appropriate to take all responsibility for the defendant for the long time of the duty of military service. In addition, considering all the sentencing conditions such as defendant's age, sex, environment, motive, crime, means and result, and the circumstances after the crime, the sentence of the court below is too unreasonable.

3. As the defendant's appeal has merit, the judgment below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled again after pleading as follows.

Criminal facts

The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the corresponding columns of the original judgment.

In accordance with Article 369 of the Criminal Procedure Act, they are quoted as it is.

Application of Statutes

1. Subparagraph 1 of Article 89-2 of the Military Service Act concerning facts constituting an offense;