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(영문) 창원지방법원 2014.08.20 2014노726
병역법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, and 160 hours of community service order) imposed by the court below on the defendant is too unhued and unreasonable.

2. Determination is an unfavorable circumstance to the Defendant that is not good to the nature of the offense, such as leaving the whereabouts for the purpose of evading the duty of military service, which is a basic duty of the citizen.

However, in full view of the following facts: (a) the Defendant was mistakenly recognized and against the Defendant; (b) he was currently exempted from military service on January 3, 2014 while serving as public interest service personnel at the Gdong Office of Jin-gu, Jin-gu on July 15, 2013; and (c) he completed military service on January 3, 2014 while serving as public interest service personnel in the Gdong Office of Jin-gu, Jin-gu; (c) there is no other criminal power except for punishment once by a fine; and (d) other sentencing conditions indicated in the instant records and arguments, such as the Defendant’s age, character and conduct, intelligence

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

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