A defendant shall be punished by imprisonment for four months.

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

2. Although the nature of the instant crime, which violated the duty of national defense as a public duty personnel, is not good, it is recognized that the Defendant recognized the instant crime and violated the duty of national defense, the Defendant already served for a considerable period of time, and the remaining period of service in the future is also faithfully in good faith, the Defendant is the primary offender, and there are other circumstances that may be considered as part of the circumstances, such as the Defendant’s character and behavior, environment, motive, means and consequence of the instant crime, and the circumstances after the commission of the crime, and all other circumstances that form the conditions for sentencing as shown in the argument and the record, it is recognized that the sentence imposed by the lower court against the Defendant is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding part of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Subparagraph 1 of Article 89-2 of the former Military Service Act (Amended by Act No. 11849, Jun. 4, 2013) on criminal facts

1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration in favor of the defendant in the ground for reversal);

1. It is so decided as per Disposition for the reason of not less than Article 62-2 of the Criminal Act;