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(영문) 서울북부지방법원 2016.01.28 2015노2191

병역법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. Determination, although the defendant's mistake is recognized and has not been subject to punishment for the same kind of crime as the instant crime, the defendant committed the instant crime without being aware of the type of crime different from the instant crime, but without being aware of it during the period of suspension of execution of imprisonment, and neglecting his duty of service as a social service personnel, which is a full exchange of military service, is very heavy for the relevant crime, and taking into account the motive and background leading up to the instant crime, the circumstances before and after the instant crime, the defendant's age, sexual behavior, occupation, and family relation, the punishment imposed by the court below is too unreasonable.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.