(영문) 제주지방법원 2015.12.17 2015노614 | 리걸엔진

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(영문) 제주지방법원 2015.12.17 2015노614

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 decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. The duty of military service is a fundamental and unnecessary duty to maintain the existence and security of the Republic of Korea. As such, a serious punishment is required for non-performance of such duty of military service without justifiable grounds. Such a defendant's crime is not against the law.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime; (b) there are circumstances that may be considered in light of the circumstances; (c) the Defendant was detained in the instant case for about two months; and (d) the Defendant appears to have been detained in the instant case for a period of up to two months; and (c) the Defendant is in the future to faithfully perform military service in the trial; and (d) the Defendant’s age, character and conduct, environment, motive and background leading up to the instant crime; and (e) the motive and circumstance leading up to the instant crime; and (e) the means and consequence leading up to the instant crime; and (e) the circumstances before and after the instant

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 88(1)1 of the former Military Service Act (Amended by Act No. 12560, May 9, 2014) on criminal facts

1. Article 62 (1) of the Criminal Act (Taking into account circumstances favorable to the preceding);

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