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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
Reasons
1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.
2. The fact that the period of secession from service is not short, that the defendant is not well aware of the fact that he was under the period of stay from service due to the same crime and is likely to be subject to criticism by again committing the crime of this case, and that he escaped for a long time during the trial of the court below is disadvantageous to the defendant.
However, in full view of the favorable circumstances such as the defendant's recognition of the crime of this case and his performance of public interest service in the future, the defendant's performance of his duty in good faith was caused to the crime of this case while making part of the defendant's obligation repayment, and the circumstances that may be taken into account, and the defendant's parents are going to guide the defendant to avoid again committing the crime, and the defendant's age, sex, environment, background and method of the crime, method of the crime, possibility of recidivism, circumstances after the crime, criminal records and family relations, etc., the punishment imposed by the court below is somewhat inappropriate.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. The grounds for appeal for sentencing under Article 89-2 subparag. 1 of the pertinent Act on criminal facts are equally considered in light of all the circumstances constituting the conditions for sentencing as shown in the argument of the instant case, including the circumstances as examined in light of the reasoning for appeal for sentencing under Article 89-2 subparag. 1 of the Military Service Act.