The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than five months.

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

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (five months of imprisonment) is too unreasonable.

2. Although the Defendant had already been sentenced to a suspended sentence of imprisonment with labor due to the violation of the Military Service Act, the Defendant committed the instant crime by escaping from his service as a social work personnel for at least eight days during the suspended sentence period without justifiable grounds. Therefore, there is a need to strictly punish the Defendant. However, the Defendant seems to have been seriously imprisoned for at least three months as a result of the instant crime, and the Defendant seems to not be subject to the same mistake, again expressed his intention to faithfully perform the duty of military service in the future, as well as to refrain from committing the same mistake, and taking into account the motive and background leading up to the instant crime, circumstances leading up to the instant crime, the Defendant’s age, character and behavior, environment, occupation, family relationship, etc., and other various circumstances that are the conditions of sentencing as shown in the records, it is unfair to have the sentence imposed by the lower court somewhat inappropriate.

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. Subparagraph 1 of Article 89-2 of the relevant Act on criminal facts;

1. Article 62 (1) of the Criminal Act on the stay of execution (Special Considerations in favor of the defendant as seen in the preceding);

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;