The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. The crime of this case is not returned to Korea with the intention of evading the duty of military service even though the defendant had been staying in the United States after obtaining permission for overseas travel on the ground of his study and was notified of his refusal to obtain permission for overseas travel, and its nature is considerably poor.

In light of the fact that the duty of national defense is the constitutional duty to maintain the existence and security of the Republic of Korea, and at the same time, to enjoy the constitutional and legal rights that are granted to citizens of the Republic of Korea, anyone must perform, and that most young people are faithfully performing the duty of military service regardless of academic and employment issues, etc., crimes for the purpose of evading the duty of military service, such as this case, need to be punished.

However, on the other hand, the defendant led to the confession of the crime of this case and reflects his mistake in depth.

It seems that the defendant did not depart from the Republic of Korea with the intention of evading military service from the beginning.

around 15 years of age, the Defendant began to go to the U.S. and lived in the U.S. for more than 22 years from that time, and has been married and has been living in a direct post.

The defendant has supported a parent with a good health for several years, and in the future, he/she needs to support the parent.

The Defendant is an initial offender with no criminal records, and when the instant case is subject to a suspended sentence of imprisonment, he/she would be forced to leave the Republic of Korea pursuant to the Immigration Control Act.

In full view of such circumstances as equity in sentencing with the same or similar incidents, and other various conditions of sentencing as shown in the pleadings of the instant case, including the Defendant’s age, character and conduct, environment, motive and background of the crime, and circumstances after the crime, the sentence imposed by the lower court is unreasonable.