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 one year from the date this judgment becomes final and conclusive.

Summary of Grounds for Appeal

The sentencing of the lower court (eight months of imprisonment) is too unreasonable.

Judgment

In light of the importance of the duty of national defense to maintain the existence and security of the Republic of Korea, the crime of this case was committed against the defendant, who is a public duty personnel, with a considerable period of service. In light of the importance of the duty of national defense to maintain the existence and security of the Republic of Korea, and the defendant committed the crime of this case in the previous time despite the record of having previously been subject to the suspension of sentence for the same kind of crime, etc., which is disadvantageous to the defendant. However, if the defendant committed the crime of this case, it seems that there are some circumstances to take into account the circumstance that the defendant was faced with the appearance of the crime of this case and the mother of the money which is not good health, and the situation that it seems that it was difficult for the defendant to take into account the situation that the defendant was faced with the illness of the money and the mother of the money, and the defendant was able to work in good faith after his confession during the detention period for about two months. Considering the motive and circumstances of the crime of this case, the defendant's motive and circumstances after the crime of this case, the defendant's environment, and circumstances of sentencing are too unfair.

Thus, the defendant's appeal is justified, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is judged as follows.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment below, and they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 89-2 of the Act applicable to facts constituting an offense and subparagraph 1 of Article 89-2 of the Military Service Act selected as a sentence

1. Grounds for reversal prior to the suspended execution under Article 62(1) of the Criminal Act.