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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 의정부지방법원 2015.09.25 2015노858
병역법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. The following facts are recognized: (a) the Defendant recognized the facts of the crime and reflects his mistake; (b) there was no criminal record for the same kind of crime; and (c) there was no history of punishment exceeding the fine since 1997; and (c) the Defendant appears to have a high blood pressure and urology, etc., which are soldiers, due to one of the causes leading to the instant crime.

However, in full view of all the circumstances, including the Defendant’s age, character and behavior, environment, occupation, occupation, motive and background leading to the instant crime, family relation, economic situation, etc., the sentence of the court below cannot be deemed to be unfair since the sentence of the court below is proper and excessive, and thus, the Defendant’s assertion is without merit. The Defendant’s assertion is without merit, since the sentence of the court below cannot be deemed to be unreasonable, in light of the following circumstances: (a) the nature of the instant crime, which is a part of the duty of national defense, did not faithfully perform the duty of service as public duty personnel; (b) the period of leaving his duty of service without permission; (c) the Defendant’s age appears to have been exempted from the duty of service as public duty personnel due to his age; and (d) the Defendant escaped again after being arrested and released

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

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