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(영문) 의정부지방법원 2013.04.26 2012노2424
병역법위반
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The sentence imposed by the court below (two years of suspended sentence for eight months of imprisonment) is too unreasonable.

2. In full view of various circumstances, including the Defendant’s age, character and conduct, family relationship, environment, circumstances leading to this case, circumstances leading to this case, and conditions for sentencing as stated in the argument of this case, the sentence imposed by the lower court against the Defendant is somewhat unreasonable, and thus, the Defendant’s above assertion is well-grounded, given that the sentence imposed by the lower court is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are quoted 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;

1. Eight months of imprisonment to be suspended;

1. Article 59 (1) of the Criminal Act for suspended sentence ( normal consideration in favor of the reasons for reversal);

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