향토예비군설치법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.
1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.
2. However, the circumstances favorable to the defendant are that the defendant led to the confession of the crime of this case and reflects his mistake.
However, in full view of the following factors: (a) the Defendant committed a violation of the Military Service Act two times in the suspension of execution; (b) one time of a fine; and (c) three times of a fine due to a violation of the Act on the Establishment of Local Reserve Forces; (d) the offense of violation of the Act on the Establishment of Local Reserve Forces is related to national security; and (e) the Defendant’s age, inclination, environment, motive and circumstance of the crime; and (e) various sentencing conditions as shown in the instant argument, including the circumstances after the crime
Therefore, the prosecutor's above assertion is justified.
3. Since the prosecutor's appeal is with merit, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the appeal is again decided as follows.
Criminal facts
The summary of the facts constituting an offense and evidence admitted by this court is as follows: (a) except for the addition of “1. Notification of Violation of the Act on the Establishment of Local Reserve Forces, Receipt of Notice of Call-up, and Written Statement of Call-up,” to the column for “a summary of evidence” in the sentence 2 of the judgment below, the summary of the facts constituting an offense and evidence is identical to the corresponding column of the judgment below; and (b) thus
Application of Statutes
1. Article 15(9)1 and Article 6(1)1 of the Act on the Establishment of Local Reserve Forces (Amended by Act No. 12791, Oct. 15, 2014);
1. The main sentence of Article 62(1) of the Act on the Suspension of Execution (hereinafter “the grounds for sentencing”), comprehensively taking into account the various circumstances and conditions of sentencing as seen in the judgment on the grounds for appeal of reasons for sentencing, shall be determined as set forth in the Disposition.