병역법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., one year of imprisonment) is too unreasonable.
2. In the instant case, when the Defendant, who had postponed enlistment several times on the grounds of university attendance, application for public official examination, etc., was no longer difficult to postpone enlistment, the case was exempted from military service by submitting a medical certificate for military service to the Gyeonggi Northern District Military Manpower Office after obtaining a medical certificate for the medical use of “the Defendant suffers from mental disorder requiring mental therapy for at least one year due to his major symptoms,” by hiding the fact that he was working as a “le dancing” to the spirit and doctor H of the G Hospital with the aim of evading military service or having military service reduced or exempted, and as if he was suffering from mental fission by hiding the fact that he was suffering from mental disorder.”
In full view of the following factors: (a) the Defendant was suffering from mental fission in order to evade military service, which is the basic duty of citizens, there is a bad quality of crime, such as treating symptoms over a long-term period of time, pretending to a mental and medical specialist, etc.; (b) the Defendant has led to the Defendant to commit a crime at the first instance trial; (c) the Defendant is 28 years of age; and (d) the Defendant is able to faithfully perform military service; and (e) the Defendant is 28 years of age; and (e) other various sentencing conditions as shown in the instant records and arguments, such as the Defendant’s character and behavior and environment, motive, means and consequence of the crime; and (e) the circumstances after the crime.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
[D.] The summary of facts constituting an offense and evidence recognized by the court is the same as that of the judgment below.