The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unhued and unfair.

2. The fact that the defendant recognized the crime of this case at the investigation stage is favorable to the defendant.

However, in full view of the following facts: (a) the Defendant’s whereabouts are unclear while evading active duty service; (b) the correlation between criminal punishment and military service disposition under the Military Service Act; and (c) the Defendant’s age, sex, environment, family relationship, circumstances leading to a crime, means and consequence, and all of the sentencing conditions specified in the instant records and arguments, such as the circumstances after the crime, etc., the lower court’s punishment is too unfeasible and unfair.

Therefore, prosecutor's assertion is justified.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The grounds for sentencing under Article 88(1)1 of the pertinent Act on criminal facts shall be determined as per the order, for the same reasons as stated in the judgment on the above grounds for appeal.