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(영문) 부산지방법원 2017.12.08 2017노3862
병역법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (four months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the judgment defendant led to the confession of the crime and repented his mistake.

However, since the duty of national defense must be fulfilled to ensure national security, a person who has evaded it for a long time needs to be punished strictly, the defendant has been sentenced to a fine on several occasions due to violent crimes, etc., and not only has the record of being punished for suspended execution, but also has committed the crime of this case without being aware of the period of suspended execution due to the violation of the Punishment of Violences, etc. Act (joint injury), and other factors such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime of this case, etc., taking into account all of the sentencing conditions specified in the arguments of this case, such as the defendant's age, sexual behavior, environment, motive, means and consequence of the crime of this case

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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