The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, a punishment shall be imposed for a period of two years from the date this judgment becomes final.

1. The sentence imposed by the court below (4 months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. In light of the fact that the instant crime was committed by the Defendant, who received a notice that he would undergo a reexamination of the draft physical judgment (re-examination of the draft physical), and without justifiable grounds, the Defendant had been punished by a fine and imprisonment with prison labor, and the instant crime was committed during the period of suspension of execution, and the Defendant was committed in an unfaithful manner, such as the absence of the court of the lower court in the court, etc., the need to strictly punish the Defendant.

However, in full view of all the sentencing conditions in the records and theories of this case including the fact that the defendant appears to have committed a mistake by living in custody and against himself, that the defendant faithfully performed his duty of military service, that the defendant has no criminal record of the same kind, that the defendant had to support his family, etc., the sentence imposed by the court below is deemed to be unfair, and therefore the defendant's assertion is reasonable.

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, and the judgment below is ruled again after pleading as follows.

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

Application of Statutes

1. Article 87 (3) of the relevant Act on criminal facts;

1. Prior to the grounds for sentencing under Article 62(1) of the Criminal Act, the sentence as ordered shall be determined in light of the various sentencing conditions indicated in the instant case, including the Defendant’s age, sex, intelligence, and environment, prior to the period of sentencing specified in Article 62(1).