A defendant shall be punished by imprisonment for one year.

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

2. Determination

A. In light of the fact that the Defendant was in the same way, and the crime of this case is the most basic national defense obligation as a national of the Republic of Korea, and the quality of the crime is not good, the Defendant may not be held liable for the strict liability.

B. Meanwhile, there are extenuating circumstances, such as the fact that the Defendant is not subject to a sentence, and the Defendant is led to confession and reflecting a crime, the wife and children to support, and that he will fulfill his duty of national defense by enlistment in the future, and that he actively cooperates with the Defendant’s wife and mother to perform military service.

In addition, the sentence of the lower court is too unreasonable in light of all the sentencing conditions shown in the instant pleadings, such as the Defendant’s living environment, motive, details and consequence of the crime, and the circumstances after the crime.

3. The appeal by the defendant is with merit, and the judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it is decided as follows.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment of the court below, and it is 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;

1. Article 62 (1) of the Criminal Act (General Consideration in favor of the above) ;