The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The decision of the court below on the gist of the grounds for appeal (4 months of imprisonment) is too unreasonable.

2. The judgment of the court below that the defendant committed the crime of this case again even if he was sentenced to a fine twice with the previous department, that the defendant had committed the crime of this case in bad faith by failing to attend several times on the designated date at the court below is disadvantageous to the defendant, but on the other hand, there is no criminal record that the defendant was sentenced to a suspended sentence or higher due to the previous department, and there is no criminal record that the defendant was sentenced to a suspended sentence or higher due to the previous department, and other various sentencing conditions in the records of this case, including the motive for the crime of this case, the age, character and behavior, family environment, and circumstances after the crime, it

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.

[Discied 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. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 15 (9) 1 and Article 6 (1) of the Establishment of Homeland Reserve Forces Act, the choice of punishment for the crime, and the selection of imprisonment;

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