병역법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Provided, That the above punishment shall be imposed for two years from the date of the final judgment.
1. The summary of the grounds for appeal is too unreasonable that the punishment of imprisonment (ten months of imprisonment) of the original judgment is too unreasonable.
2. Although the Defendant’s refusal to call up a public duty personnel service is an act of evading the duty of military service and the necessity of punishment is high, the Defendant’s mistake is against the Defendant’s depth, the Defendant appears to have caused the instant crime due to his relationship with his family living together with his family members, and the Defendant’s performance of military service faithfully according to the disposition of the competent Military Manpower Administration in the future, and the Defendant’s age, character, conduct, occupation and environment, circumstances and result of the crime, and various sentencing factors indicated in the instant case, such as the Defendant’s age, character and behavior, occupation and environment, circumstances after the crime, etc., are somewhat excessive.
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.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 88 (1) 2 of the relevant Act on criminal facts;
1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered as favorable circumstances among the grounds for reversal of the above judgment);