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(영문) 대구지방법원 2020.04.09 2019노3865
사서명위조등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. Determination is more advantageous to the Defendant’s recognition of the instant crime, and the Defendant appears to have resulted in the violation of the instant Military Service Act while having postponed enlistment for the treatment of diseases and the support of children living together with the Defendant, and the Defendant’s family members wishing to leave the Defendant’s wife, and having no criminal record.

However, the Defendant violated the Military Service Act, even though he had been punished for one year of suspended execution for the six-month period, failed to enlist again without justifiable grounds, and when the Defendant crackdowns on the grounds that he operated mandatory insurance, the Defendant’s signature is forged, etc., and the Defendant committed each of the crimes in this case during the suspended execution period for this type of crime.

In addition, considering the various circumstances that are conditions for sentencing, such as the defendant's age, character and conduct, environment, motive and background of the crime, means and consequence, the circumstances after the crime, etc., it is not recognized that the sentence imposed by the court below is too unreasonable.

3. In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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