병역법위반
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.
2. Circumstances favorable to the defendant are as follows.
Defendant recognized the instant crime.
After the divorce of the family members of the defendant, the defendant lives together with a baby who is not good for health, and it seems that economic conditions are not good.
Circumstances unfavorable to the defendant are as follows:
The instant crime is a crime that neglects the duty of national defense, which is a duty of the people prescribed by the Constitution, and may pose a risk of harming the national security.
Although the Defendant had a way to postpone enlistment, he committed the instant crime without any such efforts.
In 2013, the Defendant was sentenced to a suspended sentence of one year for a violation of the ordinary military service law in April, 2013, and was sentenced to a suspended sentence of one year for a violation of the ordinary military service law in April, 2015. The Defendant was sentenced to a suspended sentence of one year for a violation of the ordinary military service law in February, 2015, and was sentenced to a criminal trial on two occasions as above, and was sentenced to a prior action from the court.
Nevertheless, the Defendant committed the instant crime again during the period of probation, and did not appear on the date of the lower court’s sentence without justifiable grounds. However, the Defendant did not appear to reflect his or her wrongness, and considering such circumstances, it is difficult to eliminate the possibility of recidivism in the future.
In addition to the above circumstances, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and arguments after the crime was committed, the lower court’s punishment cannot be deemed to be unduly unreasonable.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.