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(영문) 수원지방법원 2018.09.17 2018노4255
병역법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

2. In light of the fact that the defendant was sentenced to a punishment for a violation of the Military Service Act due to the escape from his service, etc., it appears that he had been sentenced to a prison life to the extent corresponding to the period of his compulsory service, there are no special circumstances that make it impossible for the defendant to escape from his repeated service. The defendant committed the crime of this case even though he was sentenced to a suspended sentence of imprisonment due to the crime of violating the Military Service Act due to the first escape from his service, and the defendant was given an opportunity to undergo rehabilitation by being sentenced to a suspended sentence of imprisonment due to his failure to stop his escape from his service, and the repeated crime of this case was committed even though he was given an opportunity to undergo the suspended sentence during his repeated period. Further, considering the fact that there is no change in circumstances that it is difficult to expect the opening of the sentence in the first instance court, and other circumstances unfavorable to the defendant such as the defendant's age, sex, environment, motive and background of the crime, the means and consequence of the crime, and the circumstances after the crime, etc., the judgment of the court below is too unreasonable and inappropriate.

The defendant's argument of sentencing is without merit.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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