The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. It is also examined as to the anti-influence submitted by the Defendant on May 25, 2017, which contains an assertion to the effect that the mistake of facts or the misapprehension of the legal principles is made.

The defendant does not enlist in the military service for a period of three days from the enlistment date ( October 24, 2016) due to illness, mental or physical disability, or any other unavoidable reason that makes it impracticable for the defendant to perform his duty of military service. Thus, the defendant has a justifiable reason under Article 88 of the Military Service Act.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the legal principles or affecting the conclusion of judgment.

B. The sentence that the court below sentenced to the defendant is too unreasonable (4 months of imprisonment).

2. Determination

A. “Justifiable reason” under Article 88(1) of the Military Service Act, which is a punishment provision for evading enlistment by mistake of facts or misapprehension of legal principles, is, in principle, premised on the existence of an abstract military service and the confirmation of the performance itself. However, it refers to the reason why the nonperformance of the military service specified by the decision of the head of the Military Affairs Administration, etc., such as a disease, cannot be attributable to the person who performed the duty (see Supreme Court Decision 2004Do2965, Jul. 15, 2004). The Defendant asserts to the effect that, as of October 24, 2016, the Defendant was unable to enlist due to the fact that he was unable to perform his duty of military service due to the ebbrate ebrate ebrate ebrate ebbbbbbb

According to the evidence duly admitted and examined by the court below, the defendant was diagnosed by the doctor G on December 27, 2016 with the vertebrate ebrate ebrate ebrate.

However, the following circumstances acknowledged by the above evidence, i.e., the Defendant’s mother H, which was the date of entry into the military manpower office, on October 24, 2016, entered into the military manpower office, and “the Defendant would be enlisted in the military manpower office.”

The defendant was called as "herbing home," and the defendant was enlisted on the date of enlistment due to several diseases since 2010.