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(영문) 대전지방법원 2014.08.13 2014노1398

병역법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with labor for not less than six months) of the lower court’s sentence against the Defendant is too unreasonable.

2. The following facts are established: (a) the Defendant led to the instant crime; (b) the Defendant recovered his resident registration by mistake to be subject to punishment for his own crime; (c) the Defendant faithfully went to the judicial procedure; (d) the Defendant’s family members and his supporters want not repeat the crime; (c) the Defendant’s family members and his supporters want to take the Defendant’s action against the Defendant; and (d) the Defendant appears to have been able to have an opportunity for self-esteem to realize the unity of punishment through confinement life for more than three months.

However, on July 3, 2009, the defendant was not aware of the fact that he was sentenced to a suspended sentence of 6 months for a violation of the Military Service Act on the part of the Daejeon District Court's Branch, and was sentenced to a suspended sentence of 6 months at the time of the lapse of 5 months, and that the suspended sentence will be invalidated after the crime of this case, and that he escaped for about 4 years since the crime of this case was committed, and that the duty of military service is the most fundamental and unnecessary obligation of all citizens for maintaining the existence and security of the Republic of Korea, which requires strict punishment for the act of escaping from military service without justifiable grounds, and all other sentencing conditions such as the defendant's age, character and behavior, environment, and circumstances after the crime, etc., it is difficult to deem that the defendant's sentence imposed by the court below is unreasonable.

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