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(영문) 서울남부지방법원 2016.06.30 2016노191
병역법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant acknowledges and reflects the crime; if the sentence of imprisonment is imposed in this case, the sentence of the existing suspension of execution should be invalidated and additionally sentenced to imprisonment with prison labor for three years; although there are previous criminal records of the same kind, the applicable law is different from the crime of this case; and the defendant has been engaged in prison life for more than five months in this case, the sentence (six months of imprisonment) imposed by the court below is too unreasonable.

2. In addition to the fact that the instant crime was committed only by the statutory penalty, and that the probation is not possible under the proviso of Article 62(1) of the Criminal Act as a crime during the period of probation, the Defendant avoided the punishment in the original instance and escaped, even considering the circumstances alleged by the Defendant on the grounds of appeal, the lower court’s punishment is too unreasonable.

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

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