병역법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.
2. The duty of military service is the most fundamental and unnecessary duty of all citizens to maintain the existence and security of the Republic of Korea, and thus, there is a need for the defendant to severely punish his non-compliance with the call-up of public duty personnel. However, in light of the fact that the defendant is the first offender who has no record of criminal punishment, the defendant is able to faithfully perform the duty of military service while recognizing his mistake, and other various circumstances, such as the motive and background leading up to the crime of this case, the defendant's age before and after the crime of this case, the defendant's age, character and behavior, environment, occupation, family relation, etc., the sentence imposed by the court below is too unreasonable.
3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court is as follows, except for adding "1. The defendant's oral statement" to the summary of the evidence, and therefore, it is identical to the corresponding column of the judgment of the court below.
Application of Statutes
1. Article 88 (1) 2 of the former Military Service Act related to criminal facts (amended by Act No. 11849, Jun. 4, 2013)
1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances in front);