The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months and a fine of five hundred thousand won.

except that this judgment.

1. The summary of the grounds for appeal is too heavy (limited to 6 months of imprisonment and 700,000 won) imposed by the court below.

2. However, the fact that the accused has been subject to a suspended sentence once due to the violation of the Military Service Act, twice a fine, and that the accused has been punished by a fine due to any other type of crime is an element of sentencing unfavorable to the accused.

However, in full view of the following circumstances: (a) the Defendant recognized his mistake; and (b) the Defendant, as the most responsible for the livelihood of his mother and child, went away from his service due to the absence of a person to support him; and (c) the Defendant has already been detained for a considerable period of time due to the instant crime; and (d) the lower court’s punishment is somewhat unreasonable, taking account of various sentencing conditions as indicated in the argument of the instant case, including the fact that the Defendant had already been detained for a considerable period of time.

3. Since the defendant's appeal is with merit, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is the same as that of each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

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

(b) Failure to report changes in status: Articles 84 (2) and 69 (1) of the Military Service Act.

1. the former part of Article 37 of the Criminal Code, Articles 38(1)3 and 50 of the Criminal Code of Aggravation of Concurrent Crimes;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act;