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(영문) 수원지방법원 2018.05.17 2018노236
병역법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. If the Military Service Act’s summary of the grounds for appeal raises the statutory penalty against a person who evaded the training, the lower court’s sentence against the Defendant (amounting to KRW 500,00,000 and the suspended sentence) is too uneasible and unreasonable.

2. In light of the fact that the Defendant did not comply with the call-up for the mobilization of the military force force on the part of the Defendant who met the legal requirements and did not apply for the extension of training, the lower court’s sentence is too unaffortunate and is unreasonable in light of the following: (a) the Defendant has no particular history of punishment; and (b) the Defendant’s age, sexual behavior, environment, and circumstances of the crime committed during the arguments of the instant case, such as the Defendant’s age, sexual behavior, and the background of the crime.

Therefore, prosecutor's assertion is without merit.

3. The appeal of this case by the public prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since the appeal of this case is without merit.

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