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(영문) 대구지방법원 2017.03.17 2017노244
병역법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The sentence of one and a half years of imprisonment imposed by the court below on the summary of the reasons for appeal is too unreasonable.

2. The judgment of the defendant was sentenced to imprisonment with prison labor for 6 months for the same crime, and committed the crime of this case at the same time during the repeated crime period, and even if the defendant was arrested and was released as a result of the crime of this case, he was released from the investigative agency, etc., which was disadvantageous to the defendant, but the defendant was able to faithfully perform his duty of military service while his mistake is divided in depth, and his family members are able to concentrate on the defendant's performance of duty of military service.

Considering the fact that the defendant's age, sex, environment, family relationship, etc., various sentencing conditions as shown in the records and the theory of changes, the court below's punishment is too unreasonable, so the defendant's assertion is reasonable.

3. As such, the defendant's appeal is with merit, and 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 again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 88 (1) 2 of the relevant Act on criminal facts;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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