The judgment of the first instance shall be reversed.

The punishment of the accused shall be ten months of imprisonment and a fine of 500,000 won.

Defendant.

1. The summary of the grounds of appeal on the grounds of unfair sentencing. 2. The defendant was convicted of the suspended sentence for a crime similar to the judgment of this court, and committed the crime in this case during the suspended sentence. However, it is hard to say that the defendant has committed the crime in this case with his depth divided his own crime and has fulfilled his duty of military service in good faith. Lastly, giving the defendant an opportunity to complete the remaining military service would be desirable for the re-socialization or rehabilitation of the defendant. In addition, considering the defendant's age, character and behavior, family character, family character, motive and circumstance of the crime, and circumstances before and after the crime, the sentence sentenced by the first instance court is too unreasonable.

3. According to the conclusion, the appeal by the defendant is justifiable, the judgment of the first instance is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment is again rendered following the pleadings.

The criminal facts and the summary of the evidence recognized by the court are the same as the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant laws and the choice of punishment for the crime;

(a) Deserting from service: Subparagraph 1 of Article 89-2 of the Military Service Act;

B. The failure to report the place of residence: (a) Articles 84(2) and 69(1)1 of the Military Service Act, the former part of Article 37, and Article 38(1)3 of the Act on the Aggravated Punishment of Concurrent Crimes; (b) Articles 70 and 69(2)1 of the Criminal Act on the Aggravated Punishment of Offenders; (c) Article 62(1) and (2) of the Act on the Aggravated Punishment of Probation (the grounds for disqualification against the defendant and the favorable circumstances as seen earlier) (Article 62-2(1) and the main sentence of Article 62-2(2) of the Act on the Aggravated Punishment, Etc. of Probation, Article 59(1)1 of the Act on the Aggravated Punishment, Etc.