beta
(영문) 수원지방법원 2015.07.31 2015노2680

병역법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable.

2. As to the process of the instant crime, there is no circumstance to consider the Defendant’s family environment and health conditions.

However, the Defendant has already been punished for the same kind of crime two times, and the crime of this case is committed by the Defendant during the suspension period of execution for the same kind of crime, and thus the nature of the crime is not good. Considering the fact that the Defendant committed the crime of this case during the suspension period of execution for the same crime, the period of secession from his service reaches a long period of time, the motive and circumstances leading to the crime of this case, circumstances after the crime, the Defendant’s age, character and conduct, and environment, etc., the sentence of the Defendant is too unreasonable.

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

[However, since the defendant's criminal records recorded in all the criminal facts of the original judgment constitute an unfortunate statement that is irrelevant to the criminal facts of this case, it shall be deleted, and this part of the original judgment shall be corrected ex officio.]