병역법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.
2. On December 5, 2012, the Defendant again committed the instant crime during the suspended execution period, even though the court was sentenced to imprisonment for a violation of the Military Service Act, for eight months and for two years of suspended execution.
The neglect of the duty of national defense as the duty of the people prescribed by the Constitution may bring about a risk of harming the national security foundation, and the punishment is inevitable because of the failure to perform the duty again, even though there has been an opportunity to reflect already given once.
However, while recognizing and opposing all of the instant crimes, the Defendant expressed his intention to refrain from committing the same mistake and to faithfully perform military service in the future.
The defendant has resided together with his family members and her knife with his knife with his knife.
The defendant was absent from work without permission has contributed to the reason why he could not take the pressure from his occupational relationship with the lack of social experience.
In full view of the above circumstances and the Defendant’s age, character and conduct, environment, motive and background, means and consequence of the commission of the crime, circumstances after the commission of the crime, and the records, the lower court’s punishment is deemed to be too unreasonable.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
[Discied Judgment] Criminal facts and summary of evidence recognized by the court are the same as the corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Prior to the grounds for sentencing under subparagraph 1 of Article 89-2 of the Military Service Act regarding criminal facts, various circumstances in the judgment of the grounds for appeal are considered.