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(영문) 인천지방법원 2013.03.29 2012노3438
병역법위반
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (six months of imprisonment) against the Defendant is too unreasonable.

2. The judgment is based on the circumstances favorable to the defendant that the defendant recognized all of the crimes of this case and reflected his mistake.

However, on the other hand, the Defendant committed the instant crime without being sentenced to two years of suspension of the execution on July 8, 201, which was sentenced to two years of imprisonment for the violation of the Military Service Act in the Incheon District Court’s Vice Branch on the 16th day of the same month, and the said judgment became final and conclusive on the 16th day of the same month, and the Defendant committed the instant crime without being subject to a fine; the Defendant has the record of being punished due to the violation of the Military Service Act due to the nonperformance of the moving-in report; and the obligation of military service should be faithfully performed; thus, the Defendant’s refusal of service and refusal of enlistment should be subject to strict punishment; and in full view of various sentencing conditions in the records and arguments, such as

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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