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(영문) 수원지방법원 2015.04.15 2015노696
병역법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (the imprisonment of six months and the fine of five hundred thousand won) is too unreasonable.

2. In light of the fact that the Defendant led to the instant crime by making a confession and reflect of the instant crime, to have a debt repaid at the construction site, which led to the instant crime, and that he faithfully serves in the future, and that there is no record of being punished for the same kind of crime, even though considering the fact that there is no record of being punished, it is not good to commit the instant crime, which violates the duty of service as public duty personnel, which is a part of the duty of national defense. In particular, if the period of leaving from service without permission is longer than four years, and if considering all other circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the instant crime, etc., the sentence of the lower court is too unreasonable, and the Defendant’s assertion is not reasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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