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(영문) 대전지방법원 2014.10.30 2014노2356

병역법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (four months of imprisonment) shall be excessively unreasonable.

2. Determination is reasonable in light of the following circumstances: (a) the Defendant was unable to maintain mental and physical health during his/her service period; and (b) if his/her sentence became final and conclusive due to the instant case, there is possibility that the suspended sentence will be invalidated.

However, in the case of violation of the Military Service Act in which the defendant was found to have been treated unfairly by himself or on the ground that his body is not good, and the defendant arbitrarily left away from his workplace without permission without permission on the ground that the defendant had been sentenced to a suspended sentence finalized on December 6, 2013, and the statutory penalty is not prescribed by the statutory penalty, the defendant has no room to be sentenced in addition to the sentence. Considering the above, the court below appears to have sentenced the defendant to a short-term sentence, and taking into account the following factors, the defendant's age, character, character, environment, motive, means and consequence of the crime and various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive and means of the crime, and circumstances before

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.