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(영문) 대전지방법원 2016.07.21 2016노1305

병역법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered against the defendant is too unreasonable.

2. The judgment of the court below exceeded the defendant's reasonable limit of discretion in sentencing determination, unlike the circumstances favorable to the defendant, the defendant committed the crime of this case during the period of probation, the defendant's age, sexual conduct, environment, motive, means and consequence of the crime of this case, various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and consequence, and circumstances before and after

In full view of the circumstances to be assessed or the fact that there is no new data that was presented in the course of the trial of sentencing at the party, etc. (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.), since the sentence imposed by the court below on the defendant is unlimited and it does not seem unfair, the defendant's improper assertion of sentencing 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.