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

2. The judgment of the defendant deviates from service near two weeks during the period of public duty personnel without good cause, and the fact that the defendant committed the crime of this case during the period of repeated crime due to the same criminal record is disadvantageous.

However, the defendant voluntarily surrenders to commit the crime of this case, and the defendant's mistake that he will faithfully serve and will not repeat again, and the Daejeon Chungcheongnamnam regional military manpower office's service management and service guidance officer submitted an application for the correction of the defendant's wife to the defendant, and taking account of the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstance before and after the crime, etc., the defendant's assertion of unfair sentencing is justified.

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.

【Reasons for the Judgment of the Supreme Court which has been written] The criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the entries of each 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 89-2 of the Act applicable to facts constituting an offense and subparagraph 1 of Article 89-2 of the Military Service Act selected as a sentence

1. Article 35 of the Criminal Act among repeated crimes;