병역법위반등
The judgment of the court below, excluding the part concerning the application for compensation, is reversed.
A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 1,00,000 won.
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (one million won of imprisonment for eight months and fine) is too unreasonable.
2. According to the evidence duly adopted and examined by the court below and the court below on June 4, 2009, prior to the judgment on the grounds for appeal by the defendant, the defendant was sentenced to 10 months of imprisonment with prison labor for larceny, etc. at the Seoul Eastern District Court on June 4, 2009 and completed the execution of the sentence on July 4, 2009. Thus, the court below erred by omitting aggravation of repeated offense in relation to the violation of the Military Service Act due to the escape of service in this case committed within 3 years from the completion of the execution as above. Thus, the court below's judgment is no longer maintained.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows, without examining the grounds for appeal by the defendant, on the grounds of ex officio reversal.
Criminal facts
The summary of the facts charged and evidence admitted by this court is as follows: "The defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Seoul Eastern District Court on June 4, 2009, and the execution of the sentence was terminated on July 4, 2009" in the summary of the evidence; "1. Criminal records in the summary of the evidence" are as stated in each corresponding column of the judgment of the court below, except for addition of "a criminal investigation report (Attachment of a concurrent judgment), investigation report (verification of the expiration of the term of punishment), investigation report (verification of the expiration of the term of punishment), and criminal record inquiry report" as stated in Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 89-2 Subparag. 1 of the Military Service Act, Article 84 (2) and Article 69 (1) of the Military Service Act, Article 329 of the Criminal Act concerning facts constituting an offense, and Article 89-2 of the same Act (the point where a report on the change of residence is made, the point where a fine is not made), Article 329 of the same
1. Article 35 of the Criminal Act among repeated offenders (with respect to a violation of the Military Service Act due to a renunciation of service);
1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.