The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (six months of imprisonment) against the Defendant is too heavy or unreasonable.

2. The following are the circumstances that the Defendant’s assertion of the judgment and the prosecutor together, the Defendant, who is a public duty personnel, has deserted from his service without permission, and the liability for such crime is not weak, and the duty of military service should be faithfully performed. As such, a deviation from service, failure to enlist, etc. should be strictly punished, and thus, are disadvantageous to the Defendant.

On the other hand, however, the defendant's primary crime, and the defendant's living cost payment was suspended by her husband, resulting in a crime of this case, which led to a failure to again serve for the remaining period of public interest service, and there are circumstances to consider the fact that the judgment of the court below was rendered in the process of voluntarily speaking to the Military Manpower Administration after a certain degree of stability in living, and asking about the public interest service. The defendant is able to faithfully fulfill the duty of military service as public interest service personnel in the future as his mistake is divided in depth, and it seems desirable to allow the defendant to perform the duty of national defense by suspending the execution of punishment rather than serving the defendant's punishment, and taking into account the sentencing conditions as shown in the records and arguments, such as the defendant's age, family environment, and circumstances before and after the crime, the sentence against the defendant is somewhat inappropriate.

3. As such, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows. Since the prosecutor's appeal is without merit, it is dismissed pursuant to Article 364 (4) of the Criminal Procedure

Criminal facts

The accused recognized by this Court as the summary of the evidence and evidence.