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(영문) 서울북부지방법원 2014.09.18 2014노950
병역법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. Although the Defendant’s crime of this case was committed with a reduction of or exemption from the duty of military service, which is a basic duty of the citizen, thereby damaging the body and body of the Defendant, which is a bad character, the crime is committed, but the Defendant is not exempted from the duty of military service due to the crime of this case. The Defendant is a first offender with no criminal records, and the Defendant has been detained for two months due to the crime of this case. The Defendant was detained for two months due to the crime of this case, not from the beginning, but from the beginning the sentence to be exempted from the duty of military service. In light of the circumstances before and after the crime of this case, the Defendant’s age, character, character, environment, occupation, family relationship, etc., the sentence of the Defendant is somewhat unreasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 86 of the Military Service Act concerning criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( normal reference in favor of the defendant, the same as the previous ones);

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

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