The judgment of the court below is reversed.

Defendant shall be punished by imprisonment with prison labor of one year and six months and by a fine of 300,000 won.

The above fine shall be imposed on the defendant.

1. Despite the fact that the statutory penalty for non-performance of the moving-in report among the facts charged in the instant case is a fine not exceeding two million won or penal detention, the court below sentenced only imprisonment with prison labor for the entire facts charged including the renunciation of service, which is unfair.

2. Of the facts charged in this case, Articles 84(2) and 69(1) of the Military Service Act, which apply mutatis mutandis to the non-performance of the move-in report, provides that a person liable for military service who fails to move-in report within 14 days without justifiable grounds, even though he moved his place of residence as a person liable for military service, shall be punished by a fine not exceeding 2 million won or by misdemeanor imprisonment. The judgment of the court below, which is not stipulated in the statutory penalty, has selected imprisonment for the non-performance of the move-in

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 as follows.

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 89-2 Subparag. 1 of the former Military Service Act (amended by Act No. 11849, Jun. 4, 2013); Articles 84 (2) and 69 (1) of the same Act regarding criminal facts and the selection of fines;

1. Article 35 of the Criminal Act among repeated crimes;

1. The former part of Article 37 and Article 38 (1) 3 of the Criminal Act for the punishment of concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;