The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

except that the ruling shall be made for one year from the date of the final judgment.

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The judgment of the court below is that the defendant was absent from military service again during the suspension period of the execution of the same kind, and therefore, the criminal act of this case does not seem to be less vulnerable. However, the crime of this case as a result of the judgment of the court below is found to have been discharged from military service due to the fact that the defendant, who is an external son, served as the most young age due to the death of his her her her son, and was engaged in living-type part-time care in order to support his son, etc. whose health is not good at the latest at night. It is highly difficult to take into account the circumstances of the crime. Considering the situation where the defendant's her her her mother's her mother appears in the court and appeals the defendant's her mother's her wife at the court. Considering the present situation where the defendant's her family's her family's her family's son, the defendant's her long-term detention and the defendant's her mother who is not economically capable, and the defendant's her her son.

3. In conclusion, 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 with merit.

Criminal facts

The summary of facts and evidence recognized by the court is the same as 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;

1. Article 62(1) of the Criminal Act on the suspended execution