병역법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court is deemed to be too unhued and unreasonable.
2. Where a defendant fails to appear in the trial proceedings of the court of first instance after being summoned by public notice two or more times in the manner of service, the trial may be held without a statement of the defendant;
(2) Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Article 19(2) of the Rules on Special Cases Concerning the Promotion, etc. of Legal Proceedings. However, the lower court served a summons, etc. on March 28, 2018 when the Defendant was absent on the date of the first trial of November 10, 2017 and the second trial of March 28, 2018, by serving a summons, etc. on the Defendant on the third trial date ( April 30, 2018). On the third trial date, the Defendant was absent on the third trial date without the attendance of the Defendant again, and the pleadings are concluded. Such measures by the lower court are in violation of Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., and Article 19(2) of the Rules on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., which affected the conclusion of the judgment.
Therefore, the judgment of the court below can no longer be maintained.
3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and the judgment below is reversed and it is again decided as follows.
[Discied Judgment] Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence are as stated in the corresponding column of the judgment below.
(Article 369 of the Criminal Procedure Act). Application of law
1. The instant crime on the grounds of sentencing under Article 89-2 subparag. 1 of the former Military Service Act (amended by Act No. 11849, Jun. 4, 2013) regarding criminal facts is committed from September 7, 2012 when the Defendant serves as public interest service personnel.