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(영문) 수원지방법원 2014.09.25 2014노4310

병역법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (4 months of imprisonment) by the lower court is too unreasonable.

2. In full view of various circumstances, including the Defendant’s age, character and behavior, environment, motive, means and method of committing a crime, and circumstance after committing a crime, etc., as well as the fact that the Defendant committed a crime in violation of the Military Service Act, even though he/she was sentenced to a suspended sentence for six months of imprisonment on July 12, 2013 and the said judgment became final and conclusive on July 20, 2013, the Defendant committed a crime in violation of the instant Military Service Act without being aware of the suspended sentence. However, the Defendant’s assertion is rejected on the following grounds: (a) the Defendant’s age, character, environment, motive and method of committing a crime; and (b) the statutory penalty in violation of the instant Military Service Act is stipulated only under the suspended sentence; and (c) the Defendant is bound

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.