The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

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 (six months of imprisonment) is too unreasonable.

2. Since the duty of military service is the most fundamental and essential duty of all citizens to maintain the existence and security of the Republic of Korea, the defendant requires strict punishment for an act of failing to perform his duty of military service without justifiable grounds even after having received a written notice of enlistment in active service, and the defendant is detained due to his absence on the trial date and the trial date of the court below.

However, in the past, the defendant's mistake is divided and reflected through the life of approximately two months of detention, and the past records of having received a fine of KRW 500,000 as a violation of the Military Service Act, but are not due to the evasion of enlistment, such as this case, and the defendant is able to faithfully perform military service without any misunderstanding in the future.

In light of the fact that it seems reasonable to provide the defendant with an opportunity to perform the duty of national defense as well as the circumstances favorable to the defendant, taking into account the defendant’s age, sex, economic circumstances, family relationship, motive and circumstance of the crime, and other circumstances that are conditions for sentencing as shown in the trial process, it is desirable to allow the defendant to suspend the execution of imprisonment and to return to society.

Therefore, the defendant's above assertion is reasonable, since the court below's punishment is somewhat inappropriate.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is the same as the stated in each corresponding column of the judgment below. Thus, it is true in accordance with Article 369 of the Criminal Procedure Act.