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(영문) 수원지방법원 2019.01.21 2018노6716
병역법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the imprisonment of eight months and the fine of one million won) is too unreasonable.

2. The defendant shows his attitude to reflect his mistake, and is going to fulfill his duty of military service in good faith.

However, on June 17, 2015, the Defendant was sentenced to imprisonment with prison labor for one year and six months at the Seoul Central District Court for a violation of the Military Service Act, but on October 16, 2015, the appellate court had been sentenced to a two-year suspended sentence of one-year imprisonment with prison labor for the following reasons. However, the Defendant committed the instant crime with the same content during the suspended sentence.

Considering the above circumstances favorable or unfavorable to the defendant, and the age, character and conduct, environment, and all other conditions of sentencing as shown in the argument in this case, even if there were circumstances, as alleged by the defendant in the failure of the defendant to perform his duty of military service, the sentence imposed by the court below cannot be deemed to be reasonable and unreasonable because it is too unreasonable.

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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