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(영문) 청주지방법원 2020.12.10 2020노1144
병역법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for three months.

Reasons

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

2. Although the Defendant’s judgment on the Defendant’s assertion of unfair sentencing ought to work faithfully as a social work personnel, absence from work without justifiable grounds and on November 9, 2018 from work without justifiable grounds, the Defendant’s failure to serve continuously, such as absence from work without justifiable grounds, is inevitable.

However, even though the defendant did not fall under a justifiable reason under the Military Service Act during the period of detention, there are circumstances that move to another place to resolve the problem of default caused by the defendant's father, and considering the fact that the surrounding persons, including the mother's mother, have a smooth social relation, such as helping the defendant to lead a faithful social life in the future, and other factors such as character and behavior, environment, motive, means and consequence of the crime, the punishment of the court below is too unreasonable when considering the circumstances after the crime.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence recognized by the court is identical to facts constituting a crime and summary of evidence, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Grounds for sentencing under Article 89-2 (1) 1 of the relevant Act on criminal facts;

1. Determination of sentence: Determination of sentence as ordered by comprehensively taking into account the conditions of sentencing as seen earlier three months prior to the imprisonment;

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