The judgment of the court below is reversed.

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

1. In light of the summary of the grounds for appeal in this case, the lower court’s punishment against the Defendant (one year of imprisonment) is too unreasonable.

2. The judgment of the defendant constitutes an unfavorable sentencing factor, such as the fact that the defendant was sentenced to a two-year suspended sentence for a violation of the Military Service Act on January 2, 2012 at the Suwon District Court, which was sentenced to a two-year suspended sentence for a violation of the Military Service Act, and committed the crime of this case during the suspended sentence, the defendant was sentenced to the above suspended sentence, and the defendant was served only one day at the office of work, which was commenced on March 5, 2012, and continued to be absent without permission after using the annual leave or sick, but it constitutes an unfavorable sentencing factor. However, in full view of the fact that the defendant's mistake is against himself, and the circumstances of the crime of this case and other various matters that are the conditions for sentencing such as the age and happiness environment of the defendant, the sentence imposed by the court below is somewhat inappropriate.

3. Accordingly, 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 well-grounded.

Criminal facts

The summary of the criminal facts and evidence of the defendant recognized by the court is identical to the corresponding column of the judgment of the court 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;