병역법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than three months.
1. The main point of the grounds for appeal is that the court below's imprisonment (four months of imprisonment) is too unreasonable.
2. However, the fact that the defendant was sentenced two times to suspend the execution of a crime of the same kind, and that he/she committed the crime of this case again during the period of repeated crime is disadvantageous.
However, in full view of the following: (a) the Defendant led to the instant crime; (b) there are circumstances to consider the background leading to the instant crime; (c) the period of service does not extend to two months; and (d) the Defendant is going to faithfully perform his duty; and (c) other various sentencing conditions as shown in the records and arguments, such as the Defendant’s age and happiness environment; and (d) circumstances before and after the instant crime, the lower court’s punishment against the Defendant is somewhat unreasonable.
3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the evidence and criminal facts against the defendant recognized by this court and the summary of the evidence are as stated in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Subparagraph 1 of Article 89-2 of the relevant Act on criminal facts;
1. Article 35 of the Criminal Act among repeated crimes;