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(영문) 부산지방법원 2018.04.06 2018노433
병역법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. It is recognized that the defendant, who made a confession of a crime, has divided his mistake while committing a crime, and the punishment should be imposed in consideration of equity and equity with the crime of violating the Motor Vehicle Management Act as stated in the judgment.

However, the duty of national defense must be fulfilled to ensure the national security, and a person who evades it is inevitable to be punished by severe punishment; there is no change of circumstances that may determine the age, sex, environment, motive, means and consequence of the instant crime; and considering all of the sentencing conditions stated in the pleadings of the instant case, such as the Defendant’s age, sex, environment, motive, means and consequence of the instant crime; it is not recognized that the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. As such, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that it is without merit, and it is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure, since it is apparent that “1. previous conviction: Defendant’s legal statement and inquiry about criminal history” was erroneously omitted in the column for the examination of evidence in the judgment of the court below, it is corrected to add it ex officio in accordance with Article 25(1)

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