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(영문) 서울중앙지방법원 2015.07.03 2015노1836
병역법위반
Text

The defendant's appeal is dismissed.

Reasons

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

2. The Defendant is the primary offender, and is obliged to faithfully perform his duty of military service against his wrongness.

However, the crime of this case is committed with the intention of evading military service, which is the basic duty of the people, or having military service reduced or exempted, by false conduct as if he suffers from mental illness for a long period of more than two years, and eventually, its nature is not good, and such act needs to be punished strictly in consideration of the importance of military service and equity with other persons liable for military service who faithfully perform military service.

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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