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 (eight months of imprisonment) is too unreasonable.

2. The crime of this case requires strict punishment of the defendant when considering the following facts: (a) the defendant was exempted from military duty, which is the basic duty of the citizen, and whose body was damaged to the defendant to put his body and not active duty service; and (b) the defendant does not seem to be against the defendant while denying the crime at the court below; (c) the defendant is in depth at the time of committing the crime; (d) the defendant is obliged not to be exempted from military duty but to perform military duty according to other procedures; (e) the defendant has no record of criminal punishment except for suspended indictment and juvenile protective disposition; (e) the defendant's age, character and conduct, environment, details and contents leading to the crime of this case, and circumstances after committing the crime, etc., the above argument of the defendant is deemed to be unfair since it is too excessive to the defendant's sentence imposed by the court below.

3. 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 all 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. Article 86 of the Military Service Act concerning criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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. Various circumstances in light of the reasoning for reversal of sentencing under Article 62-2 of the Social Service Order Criminal Act