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(영문) 인천지방법원 2014.09.04 2014노1811
병역법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (ten months of imprisonment) is too unreasonable.

2. The judgment of the court below that the defendant recognized his mistake, and that the court below agreed with the victim of the instant injury crime, etc. are favorable to the defendant.

However, the crime of violation of the Military Service Act cannot be strictly punished in that the defendant intended to avoid military duty, which is the basic duty of the citizen, and the defendant committed the crime of this case on the ground that the defendant committed the crime of this case on the ground that he had been punished four times due to the crime of violence, despite the fact that the defendant had been already punished four times due to the crime of violence, and that the victim was committed the crime of this case on the ground that the victim was able to prevent the crime of this case, and that the result of the bodily injury is not somewhat poor, such as the victim's failure to prevent it, etc., shall be considered to be disadvantageous to the defendant, and other circumstances that form the conditions for sentencing as shown in the records, such as the motive and background leading up to the crime of this case, before and after the crime, the circumstances before and after the crime,

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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