The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten 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 (one year and six months of imprisonment) is too unreasonable.

2. In light of the following circumstances: (a) the Defendant asserted conscientious objection according to one’s conscience in the lower court; (b) however, the Defendant made a confession and made a confession more than once in the trial; and (c) there is no criminal record prior to the instant crime; and (d) the Defendant’s age, character, character, environment, present occupation, motive, means and consequence of the instant crime; and (b) other circumstances that form the conditions for sentencing as shown in the instant records and pleadings, such as the circumstances after the commission of the crime, etc., the sentence of the lower

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 justified.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 88 (1) 1 of the relevant Act on criminal facts;

1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances in the front);