logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2019.10.24 2019노2762
병역법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. Determination of the main sentence of the grounds for appeal is unreasonable;

2. The judgment of the court below was conducted pursuant to Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings while the defendant was absent, and the judgment was pronounced guilty.

The defendant filed a claim for recovery of the right to appeal on the ground that he/she could not file an appeal within the period of appeal due to a cause not attributable to him/her.

Although the defendant did not request a retrial in accordance with Article 23-2(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, it is understood that he or she argued the reasons for the request.

The judgment of the court below is a ground for request for retrial under Article 361-5 Item 13 of the Criminal Procedure Act.

(See Supreme Court en banc Decision 2014Do17252 Decided June 25, 2015, and Supreme Court Decision 2016Do19387 Decided February 15, 2017, etc.).3. The lower court’s conclusion has a ground for ex officio reversal.

Pursuant to Article 364(2) of the Criminal Procedure Act, the judgment shall be reversed and rendered following pleadings:

Criminal facts

Criminal facts and the summary of evidence recognized by this court are as shown in the corresponding column of the judgment of the court below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. The defendant, on the grounds of sentencing under Article 89-2 subparagraph 1 of the Military Service Act, has the record of being sentenced to suspended sentence for the same crime.

Pronouncement of sentence is inevitable.

However, the defendant expressed his intention to serve in the appellate court.

The duty of service should be fulfilled even after the sentence of the court below is completed.

In addition, punishment shall be determined by taking into account the factors of sentencing.

arrow