병역법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months and by a fine of thirty million won.
except that this judgment.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (the imprisonment of 6 months and the fine of 300,000 won) is too unreasonable.
2. The defendant's act of leaving military service without fulfilling his duty to perform as a national of the judgment requires strict punishment, and the defendant has been punished as a suspended sentence of imprisonment due to a violation of the Military Service Act due to leaving military service in 2015 (one year of suspended sentence in six months) but again committed the crime of this case is an unfavorable condition to the defendant.
However, in light of various sentencing conditions indicated in the record, such as the fact that the defendant is recognized as committing the crime, the fact that the economic difficulty appears to be the result of the decision to leave the workplace again, the occurrence of family members to be supported, the fact that the defendant has been detained for a considerable period of time in this case, the fact that he is faithfully in custody, the fact that he is carrying out his duty, and other various sentencing conditions indicated in the record, such as the background of the crime, the circumstances after the crime, the age of the defendant, and family relationship, the punishment of the court below
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is ruled as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Act and subparagraph 1 of Article 89-2 of the Military Service Act (a point where he/she deserts from service for not less than eight days without justifiable grounds) concerning facts constituting an offense, and Articles 84 (2) and 69 (1) of the Military Service Act (a point where he/she fails to file a move-in report without justifiable grounds, and choice of fines);
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 3 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Articles 70(1) and 69(2) of the Criminal Act to attract a workhouse.