The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

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

2. Although the crime of this case was committed under the conditions unfavorable to the defendant, such as the deprivation of the duty of military service, which is the basic duty of the citizen, and requires strict punishment, considering the fact that the defendant recognized his mistake and reflects, the defendant is complying with the notice of convening a call in the future, and the defendant's age, character, character, environment, motive and background of the crime, means and consequence, and all of the sentencing conditions specified in the arguments of this case, such as the circumstances after the crime, the punishment imposed by the court below is unreasonable.

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 appeal by the defendant is well-grounded.

Criminal facts

The summary of the facts constituting a crime and the summary of the evidence acknowledged by this court is as follows: (a) the facts constituting a crime set forth in the judgment of the court below (hereinafter “C”) shall be deemed as F; and (b) the summary of the evidence shall be as stated in the corresponding column of the judgment of the court below, except where the Defendant added “the Defendant’s first trial statement” to F.

Application of Statutes

1. Article 88(1)2 of the former Military Service Act (amended by Act No. 11849, Jun. 4, 2013) on criminal facts

1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration in favor of the defendant in the ground for reversal);

1. Article 62-2 of the Criminal Act on Probation and Article 59 of the Act on Probation, etc.;