The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. In light of the legal principles, the Defendant filed an accusation against the Defendant as a violation of the Military Service Act without having actively endeavored to identify the Defendant’s causes of absence from work at the Defendant’s workplace, or without having endeavored to deal with illness after the death.

Therefore, as the defendant has "justifiable cause" under Article 89-2 subparagraph 1 of the Military Service Act, the defendant should be acquitted.

B. The Defendant, due to extreme mental illness, work, and stress caused by family environment, was remarkably affected by the ability to discern things or make decisions at the time of committing the instant crime.

C. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Determination:

A. The summary of the facts charged is that the Defendant is a public interest service personnel of C High School belonging to the Incheon Metropolitan Office of Education for four days from July 19, 2013 to the 24th day of the same month (excluding Saturdays), two days from July 29, 2013 to the 30th day of the same month, two days from August 1, 2013 to the 2nd day of the same month, four days from August 7, 2013 to the 12th day of the same month (excluding Saturdays) and the total period from August 14, 2013 to the C High School without good cause.

B. The lower court found the Defendant guilty of the instant facts charged by compiling the admitted evidence.

C. 1) Article 89-2 Subparag. 1 of the former Military Service Act (amended by Act No. 11849, Jun. 4, 2013) provides that “Any person who deserts from his service or does not serve in the pertinent field for at least eight days in total without justifiable grounds shall be punished by imprisonment for not more than three years,” and “justifiable cause” as referred to in this provision means a person who left his service, who is responsible for a reason that justify the nonperformance of the duty of military service specified by the decision of the Commissioner of the Military Manpower Administration, etc.