A defendant shall be punished by imprisonment for four months.

However, for a period of two years from the date this judgment becomes final and conclusive.

2. Although the defendant had already been sentenced to a suspended sentence of imprisonment with prison labor because he committed a violation of the Military Service Act, the defendant's act of leaving his military service for at least eight days in total without justifiable grounds is highly likely to be subject to strict punishment. However, in light of the various circumstances, including the motive and background leading up to the crime of this case, the circumstances before and after the crime, the defendant's age, character and conduct, environment, occupation, occupation, family relation, etc., the punishment of the court below is somewhat unreasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

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 below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Subparagraph 1 of Article 89-2 of the relevant Act on criminal facts;

1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances in front);

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;