병역법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The sentence imposed by the court below (six months of imprisonment) on the defendant is too unreasonable.
2. In light of the method and contents of the crime, and the importance of performing the duty of military service assigned to citizens of the Republic of Korea, the crime of this case shall be punished only by imprisonment with prison labor for a violation of the duty of social work personnel, such as this case, and Article 89-2 of the former Military Service Act (amended by Act No. 16852, Dec. 31, 2019) provides that a person who falls under any of the following subparagraphs shall be punished by imprisonment with prison labor for not more than three years.
1. It is not easy that a case is light in light of the fact that a social work personnel, art or sports personnel, or alternative military service personnel, who deserts from or fails to serve in the relevant field for at least eight days in total without justifiable grounds;
On May 15, 2019, the Defendant committed the instant crime even though he was sentenced to imprisonment for four months with prison labor for a violation of the Military Service Act by the Seoul Northern District Court on May 15, 2019, and was in the probation period, again committed the instant crime.
These points are disadvantageous to the defendant.
On the other hand, however, the defendant appears to have the attitude of seriously reflecting his mistake while recognizing the crime of this case; the defendant seems to have served approximately two years as social work personnel; the defendant has already served in good faith during the remaining service period; the defendant has no record of criminal punishment except for those who have been punished once due to the violation of the Military Service Act; and the defendant's age, character, character, intelligence and environment, motive, means and consequence of the crime of this case, circumstances after the crime of this case, criminal records, family relations, economic circumstances, etc. are shown in the present case.