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(영문) 대구지방법원 2015.11.06 2015노3599
병역법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (four months of imprisonment) is too unreasonable.

2. The judgment of the defendant committed the crime of this case under favorable circumstances such as the confession of the crime of this case and the fact that there is a family member to support as the most favorable condition, economic situation, etc. However, even though the defendant, who is the subject of social work personnel call-up, did not comply with it without justifiable grounds, considering the importance of the military service duty stipulated in the Constitution as a matter of non-compliance with the notification, and the equity with other military service obligors who faithfully perform the military service duty, the responsibility of the defendant is not weak. In particular, the defendant committed the crime of this case without being aware of the fact that he committed the crime of this case under a suspended sentence of 2 years for 8 months of imprisonment with prison labor due to the crime of violation of the Road Traffic Act on August 5, 2014. The equity in sentencing with the same or similar case, the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, the circumstances after the crime, etc., it cannot be justified to impose the sentence imposed by the court below.

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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