병역법위반등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for one year.
However, for two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal is too unreasonable that each of the punishments (two years of suspended execution and one hundred and twenty hours of community service, two years of suspended execution and one hundred and twenty hours of community service in October: two years of suspended execution and one hundred and twenty hours of community service in June) imposed by the court below on the accused is too unreasonable.
2. This court decided to hold a joint hearing of each appeal case against the judgment of the court of first instance and the judgment of the court of second instance. On the other hand, each of the offenses against the defendant in the judgment of the court of first instance is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. Therefore, each of the judgment of the court below cannot be exempted from all reversal.
3. If so, the judgment of the court below is based on the above reasoning. Thus, without examining the defendant's unfair argument of sentencing, the judgment below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of each of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 2 (2) and Article 2 (1) 3 of the Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014); Article 350 (1) of the Criminal Act (joint conflict and choice of imprisonment), the main sentence of Article 88 (1) 1 of the Military Service Act (with regard to enlistment)
1. Aggravation of concurrent crimes (to the extent that the punishment is aggregated with the long-term punishment of the above two crimes) provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the concurrent crimes [Article 50 [Article 38 (1) 2, and Article 50 of the Punishment of Violences, etc. with heavy Penalties]
1. The main sentence of Article 62(1) of the Criminal Act (hereinafter “reasons for sentencing”), which is favorable to the defendant, shall be considered as follows.
1. Protective observation order and community service order;