The judgment of the court below is reversed.

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

However, for two years from the date this judgment becomes final and conclusive.

1. On July 11, 2012, the fact that the Defendant again committed the instant crime while being sentenced to imprisonment for eight months and two years of suspended execution as a violation of the Military Service Act on July 11, 2012 in relation to leaving his service without permission for nine days from February 2012 is disadvantageous to the Defendant.

However, considering various sentencing conditions indicated in the records, such as the defendant's age, character and conduct, family relations, background and motive of the crime, and circumstances after the crime, the court below's imprisonment (eight months) is deemed unfair because it is too unreasonable, considering the following: (a) the defendant has expressed his intent to faithfully perform his duty of military service while recognizing the crime in this case; (b) the defendant still has no previous conviction; and (c) the defendant's social relation is relatively clear and the defendant's social relation is relatively clear and is in a position to support his senior grandparents who are not suitable for economic conditions; and (d) considering various sentencing conditions indicated in the records, such as the defendant's age, character and conduct, family relations, circumstances of the crime, and motive of the crime, etc., imprisonment (eight months) imposed on the defendant is too unreasonable.

2. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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 former Military Service Act (Amended by Act No. 11849, Jun. 4, 2013) on criminal facts

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;