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(영문) 서울중앙지방법원 2018.08.17 2018노1376

병역법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (10 months of imprisonment) is too unreasonable.

2. The fact that the Defendant recognized all of the instant crimes and reflected, etc. is favorable to the Defendant.

However, the defendant has been punished five times for the same crime (three times for punishment, one time for suspended execution, and one time for a sentence), and the defendant vindicates that he committed the crime of this case during the period of repeated crime for the same crime, and that he was engaged in the crime of this case for the economic support of his family, but there is no data that he had engaged in economic activities during the period of leaving his service, and that his body was at Ampha.

in light of the statement, there is a reason to consider the escape from service.

With regard to the fact that it is difficult to see that the sentence of the court below has been exceeded the scope of reasonable discretion because the sentence imposed by the court below is too unreasonable, considering the conditions of all the sentencing as shown in the records and arguments in this case where there is no change in circumstances that could change the sentence of the court below in the appellate trial.

subsection (b) of this section.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.