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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2015.10.22 2015노3238
병역법위반
Text

The defendant's appeal is dismissed.

Reasons

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

2. The Defendant, as a social work personnel, went away without any justifiable reason.

Considering the importance of the duty of military service as stipulated in the Constitution and the equity with other military service providers who faithfully perform the duty of military service, the responsibility is not weak.

Moreover, even though the Defendant had already been sentenced to one year of probation for the violation of the Military Service Act in 2013 due to the violation of the same content as the instant case, it is more likely to criticize the Defendant in that he/she left his/her service without being able to do so during the period of probation, and left his/her service without permission again after the period of probation expires.

Although the Defendant has been able to repent his wrong and perform his duties in good faith at the latest, considering the above circumstances, the Defendant’s age, environment, the circumstances and motive leading to the instant crime, and all sentencing factors indicated in the records and arguments, such as the circumstances, the circumstances and motive leading to the instant crime, etc., it is not determined that the sentence imposed by the lower court is unreasonable as it is excessively unreasonable compared to the extent of the Defendant’s responsibility.

Defendant’s assertion is not accepted.

3. As such, the defendant's appeal is dismissed on the ground that it is without merit.

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