The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for four months.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (six months of imprisonment) against the Defendant is too unreasonable.

2. The Defendant is not guilty of the crime due to neglect of service, such as absence from work without reasonable grounds, even though he/she was already sentenced to a suspended sentence of imprisonment due to his/her renunciation of service.

However, the punishment of the court below is too unreasonable when considering the defendant's character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc. that the defendant is against the wrong and faithfully serves for the remaining period of time in the future, and there are some circumstances to consider the absence without permission, and the punishment of the court below is too unreasonable.

3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered after pleading.

【Grounds for another judgment】 The facts constituting a crime and summary of evidence recognized by the court are identical to facts constituting a crime and summary of evidence, and thus, they shall be quoted pursuant to Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The sentencing conditions set forth prior to the grounds for sentencing under Article 89-2(1)1 of the Military Service Act regarding criminal facts shall be comprehensively determined as ordered by taking into account the following factors.