The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable.

2. The Defendant, as a social work personnel, was absent from his/her service without justifiable grounds for not less than one month after having been assigned to a workplace.

Considering the importance of the duty of military service as stipulated in the Constitution and the equity with other military service providers who faithfully perform the duty of military service, the responsibility cannot be deemed to be weak.

However, the Defendant was discharged from active duty after having been enlisted in active duty service due to mental illness, etc., and served as a social work personnel. Such mental illness seems to have partially caused the instant crime.

The defendant is the first criminal who has no past record of criminal punishment, and the defendant has been able to faithfully perform his duty in the future, making his mistake late after being raised in the past.

The father of the defendant also treats the mental illness of the defendant, while the defendant has been assisted in his service as a social work personnel in good faith, and the defendant has appeal to this court.

In addition, considering all the factors of sentencing as shown in the records and arguments of this case, such as the age, character and conduct of the defendant, the background and motive leading to the crime of this case, and circumstances after the crime, the sentence imposed by the court below is considered unfair.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act on the ground that the above ground for reversal exists, and it is again decided as follows.

[Discied Judgment] Criminal facts and summary of evidence recognized by the court are all the same as that of each corresponding column of the judgment of the court below. Thus, they are cited as it is in accordance with Article 369(1) of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions concerning facts constituting an offense;