병역법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. In light of the fact that the defendant committed the instant crime again even though he/she was punished twice due to the same violation of the Military Service Act, the nature of the crime does not be exceptionally applied.
However, considering the following: (a) the Defendant recognized the Defendant’s mistake; (b) there are some circumstances that may be taken into account the Defendant’s escape from his service; (c) there are no other penalty force except for the violation of the Military Service Act; and (d) the Defendant’s age, character and conduct, the environment, the means and consequence of the instant crime; and (c) the circumstances after the crime, etc., the lower court’s punishment is unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court is as follows, except for adding "1. The defendant's oral statement at the court below" to the summary of the evidence at the court below's judgment, so it is identical to each corresponding column of the court below's judgment. Thus, it is cited as it is in accordance with Article
Application of Statutes
1. Subparagraph 1 of Article 89-2 of the former Military Service Act (Amended by Act No. 11849, Jun. 4, 2013) on criminal facts