병역법위반등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
1. The summary of the grounds for appeal is too unreasonable that each of the original judgments (Article 1: 8 months of imprisonment with prison labor and Article 2: 1 year of imprisonment) is too unreasonable.
2. Prior to the determination of the grounds for appeal ex officio, the first and second original judgments were rendered, and the defendant filed an appeal respectively, and the court decided to concurrently examine each of the above appeal cases.
Each of the lower judgment's respective offenses against the Defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence should be sentenced in accordance with Article 38 (1) of the Criminal Act. Accordingly, each of the lower judgment cannot be maintained as it is.
3. As such, each court below's decision is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows after oral argument.
Criminal facts
The summary of facts and evidence recognized by the court is the same as the corresponding column of each judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions concerning criminal facts and subparagraph 1 of Article 89-2 of the Military Service Act (Amended by Act No. 13778, Jan. 19, 2016); Article 3(1), the proviso to Article 3(2)1 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents; Article 268 of the Criminal Act; Article 152 Subparag. 1 and 43 of the Road Traffic Act; Articles 151 Subparag. 1 and 31(1) of the Criminal Act; Articles 352, 347(1), and 30 of the former Criminal Act (Amended by Act No. 13719, Jan. 6, 2016);
1. Article 35 of the Cumulative Criminal Act;
1. Legal mitigations under Articles 26 and 55(1)3 of the Criminal Act (limited to any attempted suspension and any attempted fraud);