The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. The crime of this case is committed by the Defendant with the reduction of or exemption from the duty of military service, which is the basic duty of the people, and thereby undermining the body and body of the Defendant, which is not good for such crime. The Defendant had already applied for a change of the military service disposition to Gyeongnam regional military manpower office and transferred it to supplemental service upon being judged in Grade IV due to the sentence, and thus practically evaded active duty service, and thus, the act of impairing the body for the purpose of evading or exempting the duty of military service is detrimental to the foundation of the military service system, and thus requires strict punishment in light of the current security situation of the Republic of Korea, etc.

Meanwhile, in full view of all the circumstances, such as the Defendant’s mistake in depth, the Defendant’s punishment imposed by the lower court is somewhat unreasonable, and thus, the Defendant’s allegation is well-grounded, given that there is no record of punishment except that the Defendant was punished once by a fine, that the Defendant has not been exempted from the duty of military service due to the instant crime, and that the Defendant has to serve as a public service personnel for a considerable period of time, and that the Defendant’s character, conduct and environment, background and result of the instant crime, circumstances after the instant crime, etc., and the conditions of sentencing

3. Accordingly, the defendant's appeal of this case is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

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

Application of Statutes

1. Article 86 of the relevant Act on criminal facts and Article 86 of the Military Service Act on the selection of punishment;