The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. In light of the fact that the defendant, who has been sentenced to a suspended sentence of imprisonment and a sentence for a violation of the Military Service Act such as this case, has escaped from his/her active service and thereby has committed a second offense, a sentence of imprisonment is inevitable for the defendant to be sentenced.

However, in full view of all the sentencing conditions in the records of this case including the fact that the defendant was committed in the course of the crime of this case and was treated as an anti-social personality disorder, etc. in the mental health department four times around 2017, and such mental disease appears to have a different difficulty in service due to such mental disease, and that he will be faithfully treated and will complete service in the future, the sentence of the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Subparagraph 1 of Article 89-2 of the relevant Act on criminal facts;

1. Article 35 of the Criminal Act among repeated crimes;