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(영문) 창원지방법원 2015.04.23 2014노2583

병역법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal asserts that the punishment imposed by the lower court (three months of imprisonment) is too unreasonable.

2. It is recognized that the defendant recognized his mistake and reflects his or her misunderstanding, and that the defendant has a family member to support the defendant.

However, the instant crime is a case where the Defendant was serving as public interest service personnel for at least eight (8) days while serving as public interest service personnel without good cause. The Defendant was sentenced to the suspension of the execution on May 18, 201, which was sentenced to four (4) years and six (6) months of imprisonment on the grounds of special robbery on May 18, 201, and the said judgment became final and conclusive on May 26, 2011, and the Defendant committed the instant crime. In addition, even if there is no special circumstance or change that may newly be considered in sentencing after the sentence of the lower judgment, the Defendant’s age, character and behavior, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime was sentenced, it is not recognized that the sentence of the lower court is excessively unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is groundless. It is so decided as per

[However, in the application of the lower judgment, it is evident that the “Military Service Act” was erroneous in the former Military Service Act (amended by Act No. 11849, Jun. 4, 2013). Therefore, ex officio correction is made pursuant to Article 25(1) of the Regulation on Criminal Procedure.