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(영문) 울산지방법원 2016.03.11 2016노34
병역법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (six months of imprisonment) is too unreasonable.

2. In light of the favorable circumstances, such as the following: (a) the Defendant recognized all of the instant crimes; (b) the Defendant’s person in charge of the service management wanted to leave the Defendant’s seat against the Defendant; and (c) the Defendant’s family members want to leave the Defendant’s seat against the Defendant; (d) the Defendant was sentenced to one year of the suspension of the execution of imprisonment for a violation of the Military Service Act at the Ulsan District Court on December 18, 2014; (b) on December 27, 2014, the said judgment became final and conclusive on December 27, 2014; and (c) the Defendant again again was subject to the instant crime even if the said judgment was in force for the suspension of execution; and (d) the Defendant had repeatedly expressed that the person in charge of the service management of the Defendant would return to the Defendant’s workplace at the time of the instant crime; and (c) in light of the disregarding this and the fact that

In addition, considering the Defendant’s age, sex, environment, motive and background of the crime, means and consequence of the crime, various sentencing factors indicated in the records, such as the circumstances after the crime, etc., the sentence of the lower court is too unreasonable, and thus, the Defendant’s above assertion is without merit.

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

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