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(영문) 대전지방법원 2013.10.10 2013노930
병역법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The 8-month imprisonment sentenced by the court below is too large and unfair.

2. In the case of violation of the Military Service Act among the crimes in this case, if the defendant committed a violation of the Act, he/she is living under flight due to the cancellation of a suspended sentence due to non-compliance with probation, and fear of detention in a workhouse due to unpaid fine;

In full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, motive, means and consequence, etc., the sentence imposed by the court below against the defendant is too unreasonable, since it is deemed that the sentence imposed by the court below is too unreasonable, since it is too unreasonable, the defendant's above argument is justified.

3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

Criminal facts

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

Application of Statutes

1. Article 88 (1) 1 of the relevant Act on Criminal facts and Article 88 (1) 1 of the Military Service Act, and Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act (the transfer of means of access to electronic financial transactions);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment for a crime of violating the Electronic Financial Transactions Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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