The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. In light of the fact that the defendant was punished by a fine due to other crimes, and that the duty of national defense is the most fundamental and unnecessary obligation of all citizens to maintain the existence and security of the Republic of Korea, a more severe punishment is required for the defendant who left the place of work without justifiable grounds, and the defendant was not aware of the fact that he had left the place of work for a long time without justifiable grounds even though he had left the service for a long time without permission, and that he did not faithfully attend the trial process of the court below.

However, in full view of the fact that the Defendant has no record of punishment for the same kind of crime, the Defendant demanded to change his position at the workplace because the health condition is not good due to the injury inflicted by the past traffic accident, and the demand was not accepted, it seems that there is room to take into account some motive for the crime of this case as the Defendant committed the crime of this case was avoided. In addition, if the Defendant had been given the opportunity to perform military service again when he had been given the opportunity to perform military service again in the trial, his mistake is divided in depth and contradictory to each other, such as the Defendant’s age, environment, character, conduct, family relationship, etc., the sentencing of the lower court is recognized to be too unreasonable, and therefore, the Defendant’s above 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 on the grounds that the defendant's appeal is reasonable, and the following decision is rendered after pleading

[Dao-written judgment] The criminal facts of the defendant recognized by this court and the summary of the evidence are as stated in the corresponding column of the judgment below. Thus, it is in accordance with Article 369 of the Criminal Procedure Act.