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(영문) 의정부지방법원 2020.10.15 2019노2015

예비군법위반

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

【Reasons for Appeal】

1. The sentence of the lower court (a fine of 500,000 won) against the Defendant in the summary of the grounds for appeal is too unhued and unreasonable.

2. In addition, considering the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, the sentence of the court below is too unfeasible and unfair.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

【Reasons concerning Prosecution】 The entry of each column of the judgment below in accordance with Article 369 of the Criminal Procedure Act shall be quoted as it is in the original judgment.

Application of Statutes

1. The punishment shall be determined as per the order, taking into consideration the following circumstances: (a) pertinent legal provisions on criminal facts; (b) Articles 15(2) and 6-2 of the Reserve Forces Act; (c) Articles 70(1) and 69(2) of the Criminal Act for attracting a fine for the selective workhouse; and (d) Articles 334(1) and 334(1) of the Criminal Procedure Act for sentencing on the grounds of