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(영문) 서울북부지방법원 2014.10.30 2014노1023
병역법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (4 months of imprisonment).

2. The judgment of the Defendant committed the instant crime by escaping from service as a social work personnel for at least eight days during the period of suspension of execution without justifiable grounds. Thus, although there is no record of punishment for the same kind of crime, the Defendant has committed a serious violation in depth since he was at least three months of the instant case, and even if he was unable to prevent the same mistake, and there are other circumstances that form the conditions for sentencing as shown in the records, such as motive and background leading up to the instant crime, circumstances before and after the instant crime, Defendant’s age, character and conduct, environment, occupation, and family relationship, the sentence imposed by the lower court is somewhat unreasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Subparagraph 1 of Article 89-2 of the former Military Service Act (Amended by Act No. 11849, Jun. 4, 2013) on criminal facts

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the defendant as seen in the preceding);

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