병역법위반등
All appeals by the defendant are dismissed.
1. The summary of the grounds for appeal (the first instance judgment: April, year of suspended sentence, year of suspended sentence, and year of suspended sentence: 4 months and year of suspended sentence) of the lower judgment is too unreasonable.
2. Determination
A. As to the judgment of the first instance court, the Defendant committed the instant violation of the Military Service Act during the period of suspended execution, the statutory penalty for the violation of the Military Service Act is limited to imprisonment for not more than six months, and the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances before and after the crime, etc., comprehensively taking account of various sentencing conditions under Article 51 of the Criminal Act, such as the Defendant’s age, character
B. In light of the fact that the Defendant had been punished several times for the same kind of crime, the lower court’s punishment is too unreasonable, taking into account the circumstances that the Defendant had already agreed with the victim, and other factors such as the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances before and after the crime, etc., the lower court’s punishment is too unreasonable.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since all of the appeals are without merit.