병역법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, for two years from the date this judgment becomes final and conclusive.
1. The sentence of one and a half years of imprisonment sentenced by the court below is too unreasonable.
2. The judgment of the court below is too unreasonable in light of the fact that the defendant recognized all of the crimes of this case and reflects the depth of the defendant, that the defendant living a prison life for a period exceeding 2 months in this case, that the defendant must enter the future, and that other conditions of sentencing specified in the records and arguments of this case, such as the defendant's age, character and conduct, environment, family relationship, circumstances after the crime, etc., are considered. Thus, the defendant's assertion is justified.
3. Since the defendant's appeal is with merit, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below. Thus, they are cited 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;
2. Article 62 (1) of the Criminal Act;