The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and six months) of the lower court is too unreasonable.

2. The instant crime is an unfavorable circumstance where the Defendant’s failure to enlist in the active duty service without any justifiable reason despite being notified of enlistment in the active duty service.

On the other hand, the fact that the defendant recognized the crime of this case and reflected, and that the defendant is willing to faithfully perform his duty of military service in the trial, so it is necessary to give the defendant an opportunity to perform his duty of military service, and that he is the first offender, etc. are favorable circumstances.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and the environment, etc., the lower court’s punishment is deemed unreasonable and inappropriate. Therefore, the Defendant’s assertion is with merit.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

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) 1 of the relevant Act on criminal facts;

1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances in the front);