The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two months.

1. The sentence of the court below against the defendant in the summary of the grounds for appeal (4 months of imprisonment) is too unreasonable.

2. The judgment follows: although it is recognized that the defendant again committed the crime of this case during the period of the suspension from service, it seems that the defendant recognized all of the crime of this case and reflects it; the defendant suffered a lot of mental depression due to the problem such as home incombustibleness, etc., and the health condition of the defendant is not good, such as being taken abroad due to the difficulty of respiratoryness after being enlisted once, and when the imprisonment of this case becomes final and conclusive, the imprisonment of one year after being sentenced to the suspension of the execution of one year prior to the final and conclusive, shall be invalidated and the suspended sentence becomes more severe to the defendant; thus, the defendant's age, character, occupation and environment, the motive and background leading to the crime of this case, the method and result of the crime, and the circumstances before and after the crime, etc., it is determined that the judgment below against the defendant is somewhat unfair.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

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

Application of Statutes

1. Article 88 (1) 3 of the relevant Act on criminal facts;