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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two months of imprisonment) is too unreasonable.
2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In contrast to recognizing and opposing the crime, it is reasonable to respect the duty of military service by entering the social service personnel as soon as possible as possible as possible.
The fact that the defendant's family members and branch members are leading the defendant, and the defendant's social ties are clearly seen, such as the fact that the defendant's family members and branch members are leading the defendant, and the defendant's social ties are clearly seen.
However, since the duty of military service should be faithfully performed, there is a need to punish the refusal of enlistment, etc., and the defendant has already been sentenced to a fine or a stay of execution for the same crime four times or more, and the defendant has already been sentenced to a suspended sentence, but the defendant has not complied with the second notice of re-call and has a heavy liability for such crime, and the method of lawfully delaying enlistment can not be found in the call without permission.
The court below seems to have determined a punishment by taking into account the above circumstances equally, and there is no change in circumstances to decide differently the punishment of the court below when it was in the first instance.
In addition, taking into account various circumstances, such as the Defendant’s age, sex and environment, background, means and consequence of the crime, and circumstances after the crime, etc., which are the conditions for sentencing as shown in the instant records and pleadings, even if considering the circumstances and circumstances alleged and submitted in the trial at the trial by the Defendant, the lower court’s punishment cannot be deemed to have exceeded the reasonable scope of discretion by excessively lowering the Defendant’s punishment.
The sentencing of the defendant is unfair.