The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than five months.

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 unreasonable.

2. Since the duty of military service should be faithfully performed, the failure to enlist in the military, etc. must be strictly punished. The crime of this case only requires imprisonment with prison labor, and the defendant's crime of this case during the period of suspension of execution is committed with the crime of this case, and the sentence of imprisonment with prison labor is inevitable because it is not possible to sentence a suspended sentence under the law.

However, in full view of the fact that the defendant's mistake is divided in depth and fulfill the duty of military service in the future as public interest service personnel in good faith, there is no record of punishment for the same crime, that if the judgment of this case becomes final and conclusive, the sentence of the court below against the defendant should be returned to ten months after the suspension of the previous execution, and that the defendant's age, family environment, circumstances before and after the crime, etc., and various sentencing conditions in the records and arguments are considered unfair.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

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

Application of Statutes

1. Article 88 (1) 2 of the relevant Act on criminal facts;