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(영문) 창원지방법원 2016.11.24 2016노2442
병역법위반
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The defendant asserts that the decision of the court below on the summary of the grounds for appeal is too unfasible to the punishment (six months of imprisonment) and that the prosecutor is too unfased and unfair.

2. In light of the judgment, the duty of military service is the duty of the people specified in the Constitution, and requires strict punishment for violations thereof, and the fact that a person again commits an offense despite the past two years of suspended sentence for six months of imprisonment due to the violation of the Military Service Act is an unfavorable sentencing ground, and the fact that the defendant led to the confession of a crime and reflects it is an favorable sentencing ground.

In full view of the above sentencing factors, in light of the Defendant’s age, family relation, economic situation, background and motive leading to committing the crime, and all other matters pertaining to the sentencing indicated in the records and arguments in this case, the judgment of the court below is deemed appropriate, and the Defendant and the Prosecutor’s assertion are without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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