The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. Summary of grounds for appeal;

A. It is reasonable that the defendant, as stated in the judgment of the court below, has lost his service due to mistake of facts and misapprehension of legal principles.

However, the defendant had previously received the 6th degree of disability due to a traffic accident due to disability to the degree that he could not drive the right hand, and this reason was likely to fall under the requirements for cancellation of the public interest service personnel's request for reexamination.

Therefore, although there exists a justifiable reason as prescribed by the Military Service Act that the defendant left service due to a reason that may substantially hamper the service of public interest service personnel, the court below found him guilty of the facts charged in this case, there is an error of misunderstanding of facts.

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

2. Determination

A. The lower court acknowledged the following facts based on the evidence duly adopted and investigated by the lower court on the part of the allegation of mistake of facts and misapprehension of legal principles: (i) the Defendant was injured by damage, etc. to the right part of the accident on April 8, 2012, prior to the instant crime; (ii) received surgery and rehabilitation treatment; (iii) the Defendant seems to have experienced considerable difficulties in performing his/her duties due to the relationship between going out and going out of the military service after having to receive rehabilitation treatment in the process; and (iii) the Defendant submitted to the Military Manpower Administration for a reexamination and submitted a new draft physical examination and received a new physical grade falling under Grade 5-6, to the extent that there is room for the Defendant to be dismissed from military service due to traffic accidents or mental stress arising therefrom.