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(영문) 창원지방법원 2018.06.20 2018노849

병역법위반

Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of grounds for appeal (one year in imprisonment with prison labor for the court below);

2. Determination

A. The appellate court, compared to the first instance court, should respect the first instance sentencing judgment in a case where there is no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion.

B. The lower court, under favorable circumstances, rendered a sentence by comprehensively taking into account the Defendant’s age, sex, environment, circumstances, circumstances after the crime, etc., as well as the fact that the Defendant committed the instant crime, under consideration of the following: (a) the Defendant had been punished for the same kind of crime even before, and (b) the Defendant committed the instant crime again during the period of repeated crime; and (c) the sentence was imposed by comprehensively taking into account the following factors: (a) the Defendant’s age, sex, environment, circumstances after the crime, and circumstances after the crime.

(c)

The grounds for the court below's improper sentencing alleged by the defendant are shown to have already taken into account in determining the punishment against the defendant, and the above sentencing conditions have been changed in the court below.

There is no circumstance to see the above sentencing conditions, and considering the above sentencing conditions, the sentence of the court below is determined to be reasonable within the reasonable scope of discretion.

Defendant’s assertion is without merit.

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