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(영문) 서울중앙지방법원 2015.05.27 2015노1458
병역법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four months) of the first instance court is too unreasonable;

2. The Defendant reflects his mistake and faithfully works during the remaining service period.

However, the crime of this case requires strict punishment in consideration of the importance of the duty of military service and equity with other persons liable for military service who faithfully perform the duty of military service as social work personnel who deserts from their service without any justifiable reason.

On February 21, 2013, the Defendant was sentenced to 6 months of imprisonment due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and 3 years of suspended execution, and committed the instant crime even during the suspended period.

The crime of this case is not punishable by imprisonment, and is currently under probation, so the sentence of punishment shall be sentenced.

In addition, in full view of the defendant's age, character and conduct, environment, circumstances of crimes, details, results, and all the sentencing conditions shown in the records and pleadings, the first instance sentence is too unreasonable.

Defendant’s assertion is without merit.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit

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