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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 summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (eight months of imprisonment).
2. In full view of all the circumstances that form the conditions for the sentencing of this case as indicated in the records, including the Defendant’s age, character and conduct, environment, motive and means of the instant crime and the result, the Defendant’s sentence against the Defendant seems to be too unreasonable, and thus, the Defendant’s assertion of unfair sentencing is justified, on the grounds that the Defendant’s sentence against the Defendant is too unreasonable.
3. Thus, the defendant's appeal is justified, and the judgment of the court below is reversed and it is decided as follows.
Criminal facts
The summary of facts and evidence recognized by the court is the same as the description of each corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Subparagraph 1 of Article 89-2 of the former Military Service Act (Amended by Act No. 11849, Jun. 4, 2013) on criminal facts