병역법위반
All judgment of the court below shall be reversed.
Defendant shall be punished by imprisonment for a term of one year and six months.
1. The gist of the grounds for appeal is that the respective punishment of the original judgment (No. 6 months of imprisonment and No. 2 years of imprisonment) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.
According to the consolidation of each case of the judgment of the court below that appealed by the defendant, the crime of the first trial decision against the defendant and the crime of the second trial decision against the defendant were concurrent crimes under the former part of Article 37 of the Criminal Code.
In such cases, in accordance with Article 38 of the Criminal Code, one punishment should be sentenced simultaneously, so the judgment of the court below is no longer maintained.
3. As such, the judgment of the court below is reversed in its entirety pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed in its entirety, and it is so decided as follows.
[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the relevant column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the relevant Act on criminal facts, subparagraph 1 of Article 89-2 of the Military Service Act (abstinence from service), Article 329 of the Criminal Act (abstinence from service), Article 347 (1) of the Criminal Act (abstinence from fraud), Article 70 (1) 3 (abstinence from use of stolen cards) of the Act on Specialized Credit Financial Business, Article 70 (1) 4 (abstinence from use of embezzlement cards), Articles 152 subparagraph 1 and 43 (a) of the Road Traffic Act, Articles 151 (1) and 31 (1) of the Criminal Act (abstinence from crime) of the Road Act;
1. Selection of imprisonment with prison labor for the remaining crimes except for those violating the Military Service Act that choose a sentence;
1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravation of Concurrent Crimes are all recognized.
There is no criminal history exceeding a fine.