(영문) 의정부지방법원 2021.03.16 2020노3210

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2021.03.16 2020노3210

병역법위반

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

The summary of the grounds for appeal (one year of imprisonment) by the lower court is too unreasonable.

2. The crime of this case is a situation unfavorable to the Defendant, where the Defendant, with the exemption or reduction of the duty of military service based on the Constitution, artificially increases the body and damages the body of the Defendant to not serve as active duty servicemen. The crime of this case is a crime detrimental to the foundation of the military service system, and requires strict measures. The Defendant actually served as social personnel due to the crime of this case, etc.

However, it seems that the defendant recognized the crime of this case more than once in the trial for the first time and against his mistake; the defendant was detained for a considerable period after being detained in the court for a considerable period of time after being detained in the court for the crime of this case; the defendant is able to faithfully perform military service by supporting active duty service at the time of the termination of the appellate trial trial; the defendant's family members and branch members want to brue the defendant's preference against the defendant; the crime of this case and the crime of indecent act by force for which judgment has become final and conclusive are concurrent crimes after Article 37 of the Criminal Act, it is necessary to consider equity in the case of concurrent crimes after Article 39 (1) of the Criminal Act; and the defendant's age, sex, motive and background of the crime, and circumstances after the crime, etc., it is deemed that the punishment of the defendant is too unfair.

Therefore, the defendant's argument of sentencing is justified.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and the judgment below is ruled as follows after pleading.

[Grounds for the judgment to be used again] Summary of facts constituting an offense and evidence is recognized by the court.

참조조문

-대한민국헌법

-형법 제37조

-형법 제39조 제1항

유사 판례

-서울중앙지방법원 2015.04.24 2015노362

-창원지방법원 2013.10.17 2013노1420

-의정부지방법원 2014.05.02 2014노144

-광주지방법원 2015.07.23 2015고단1693

-서울북부지방법원 2014.09.18 2014노950