병역법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months and by a fine of 500,000 won.
The above fine shall be imposed on the defendant.
1. The sentence of the court below (the imprisonment of six months and the fine of 500,000 won) is too unreasonable in light of the overall sentencing conditions in light of the gist of the grounds for appeal.
2. In full view of the following facts: (a) the Defendant recognized all of the instant crimes and performed his duty of military service; (b) the Defendant has no record of having been punished for the same kind of crime or of having no record of punishment heavier than a fine; and (c) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (d) various sentencing conditions specified in Article 51 of the Criminal Act, such as the circumstances after the crime, etc., the lower court’s punishment is too unreasonable; (b) thus, the Defendant’
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again ruled as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, except for the addition of the "written statement in the trial of the defendant" in the summary of the evidence. Thus, it is cited in accordance with Article 369 of the Criminal Procedure Act
Application of Statutes
1. Article 88(1)1 of the pertinent Act on criminal facts and Article 88(1)1 of the Military Service Act (amended by Act No. 9754, Jun. 9, 2009) and Articles 84(3)1 and 69(1) of the former Military Service Act (amended by Act No. 9754, Jun. 9, 2009);
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 3 and 50 of the same Act, which aggravated concurrent crimes;
1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;
1. Article 62 (1) and (2) of the Criminal Act (The consideration of the favorable circumstances in the preceding);
1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;