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Defendant
The appeal by the prosecutor is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1’s misunderstanding of the facts and the misapprehension of the legal principles were in a difficult condition at the time of the instant crime, and the Defendant was in the process of re-examination of administrative litigation related to the direct disposition of military service without a litigation agent, and ③ was unable to enlist in the military without being guaranteed the service period for 30 days under the Military Service Act and forced the Defendant to enlist in the military only 5 days after being notified without being guaranteed the service period for 30 days under the same Act. As such, the Defendant was in a “justifiable cause” under Article 88 of the Military Service Act.
Therefore, the judgment of the court below which convicted the defendant of the facts charged of this case is erroneous in the misapprehension of facts and legal principles.
2) The sentence sentenced by the lower court (one year and six months of imprisonment, and two years of suspended execution) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. Determination
A. The Defendant also asserted that the lower court’s determination on the Defendant’s mistake of facts and misapprehension of the legal doctrine is identical to this part of the allegation, and the lower court, in detail, stated in the part on “determination on the Defendant and his defense counsel’s assertion” and stated in detail that there exists “justifiable cause” under Article 88(1) of the Military Service
It is difficult to see
The decision was determined.
In light of the evidence duly adopted and examined by the court below, the judgment of the court below is just and acceptable, and there is no error of misunderstanding of facts or misunderstanding of legal principles as alleged by the defendant.
B. The lower court’s judgment as to the wrongful assertion of sentencing by both parties is that the performance of military service constitutes the foundation of national security, and that the Defendant’s criminal liability for the Defendant who did not comply with the notice of enlistment within three days from the designated date of entry under the Defendant’s subjective judgment.