병역법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the period of three years from the date this judgment becomes final and conclusive.
1. The decision of the court below on the summary of the grounds for appeal (the imprisonment of 10 months, the suspension of execution of 2 years, the observation of protection, and the community service for 80 hours) is too unfluent and unfair.
2. The fact that the judgment defendant recognized and reflected the crime is favorable.
However, even though the Defendant had been punished once for the same crime, the Defendant again committed the instant crime, and the Defendant applied for a three-month installment service as of November 6, 2013 and applied for a three-month installment service as of January 6, 2014, leaving work without permission, and not returned to work without permission, and the instant crime is still in a state of suspension of service. Considering the fact that the instant crime is a crime that neglects the duty of national defense essential for the national security and requires strict punishment, such as the Defendant’s age, sexual behavior, motive and means of the crime, and circumstances before and after the crime, etc., the lower court’s punishment is deemed unreasonable.
3. In conclusion, the prosecutor'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 after pleading as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in 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. Subparagraph 1 of Article 89-2 of the Military Service Act concerning facts constituting an offense;
1. Article 62 (1) of the Criminal Act on the suspended execution;