향토예비군설치법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a period of five months.
1. The main point of the grounds for appeal is that the court below's imprisonment (six months of imprisonment) is too unreasonable.
2. In the past, the Defendant was unable to participate in the reserve forces training without any justifiable reason even though he was punished several times due to the violation of the Establishment of Homeland Reserve Forces Act, and without any justifiable reason, the Defendant took part in the training of a reserve force without any justifiable reason, and inflicted injury upon the victim’s face at least 20 times due to drinking. The crime of each of the crimes of this case is not less complicated, the nature of each of the crimes of this case has not been agreed with the victim of the crime of injury, the fact that there was no agreement with the victim of the crime of injury, and that there was a record of criminal punishment nine times
However, in full view of the following factors: (a) the Defendant recognized each of the instant offenses; (b) the Defendant was against each of the instant offenses; (c) deposited KRW 1 million for the victim of the injury in the trial; and (d) there was no record of punishment as a violent crime in the past; and (c) the Defendant’s age, character and conduct, family environment, motive and circumstance of the offense; (d) the means and consequence of the offense; and (e) various sentencing factors specified in the process of the trial and records, such as the circumstances after the commission of the offense, etc., the Defendant
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.
[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 15 (9) 1, and Article 6 (1) of the Establishment of homeland reserve forces to choose a punishment on the crime, Articles 15 (9) 1 and 6 (1) of the Establishment of homeland reserve forces Act, Article 257 (1) of the Criminal Act, and the choice of imprisonment with prison labor;
1. The sum of the long-term punishments of Article 37 (former part), Article 38 (1) 2, and Article 50 (2) of the Criminal Act to the extent that concurrent crimes are aggravated.