The judgment of the first instance shall be reversed.

The sentence of sentence against the defendant shall be suspended.

1. The summary of the grounds of appeal on the grounds of unfair sentencing. 2. The defendant did not have any criminal power at all, the defendant could not have evaded military service, the defendant could not return to the Republic of Korea by finding the number of times, and the defendant could not return to the Republic of Korea. The defendant's admission to the military service in good faith, and the defendant's age, character and behavior, family character and family character, and circumstances before and after the crime are considered as inappropriate in full view of various sentencing conditions shown in the arguments of this case, including the defendant's age, character and behavior, family character and circumstances before and after the crime.

3. As a result, 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. Article 59(1) of the Criminal Act (Article 94 and Article 70(3) of the Act on the Punishment, etc. of Crimes (Article 94 and Article 70(1) of the Military Service Act) on the 1. 1. Suspension of sentence (Article 59(1) of the same Act on the 1.