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(영문) 대구지방법원 2018.11.22 2018노3399
병역법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the court below is based on the following facts: the defendant failed to perform his duty of military service without any justifiable reason; the crime of this case is not weak; and the defendant again committed the crime of this case during the period of probation although he was sentenced to a suspended sentence for the same kind of crime, and the defendant again committed the crime of this case.

However, in full view of all the sentencing conditions in the instant case, including the Defendant’s age, occupation, environment, and circumstances after the commission of the instant crime, the Defendant’s recognition of the instant crime, the Defendant’s performance of his duty of military service in good faith in the future, and other factors such as the Defendant’s age, occupation, and environment.

Since it is determined, the above argument of the defendant is reasonable.

3. According to the conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and the following is ruled again after pleading.

[Grounds for a new judgment] The criminal facts of the defendant and the summary of the evidence recognized by the court are identical to the facts constituting the crime of the defendant and the summary of the evidence, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. On the grounds as examined in the determination of unfair grounds for sentencing prior to the grounds for sentencing under Article 88(1)1 of the pertinent Act on criminal facts, the punishment is determined as per Disposition on the same ground.

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