1. The judgment below is reversed.

2. The sentence shall be suspended against the defendant;

1. The sentence imposed by the court below (one year of imprisonment with prison labor for four months and one year of suspended execution) is too unreasonable.

2. It is recognized that the Defendant, on two occasions, forges a leave certificate, which is a public document, concealed public documents, and the instant crime requires strict punishment that damages the public reputation of the public document and undermines military order and morality, and that the statutory punishment for the crime of forging and uttering of a public document is only stipulated in the statutory punishment for the crime of forging and uttering of a public document, and thus, it cannot be deemed that the sentence of suspension of execution is more severe.

However, it is also recognized as follows: (a) the Defendant’s recognition of the instant crime and reflects the Defendant; (b) the first offender who has no criminal records as a student of Q University management department; (c) the Defendant’s family members and branch members want to take the Defendant’s wife; and (d) if the judgment of suspended execution becomes final and conclusive due to the instant crime committed during military service, it seems that the instant crime committed during military service would seriously impede the Defendant’s future being promoted; and (b) it would be desirable to give the Defendant an opportunity to take one prior action once

In addition, considering various circumstances, such as the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., the sentence of the court below is too 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 facts and evidence acknowledged by this court is identical to the corresponding column of the judgment of the court below in addition to revising "the end of June 2016" in Part 13 of the facts constituting the crime of the court below as "the end of June 2017," and therefore, it is also acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime, respectively;