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(영문) 수원지방법원 2014.09.04 2014노1282

향토예비군설치법위반

Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) of the lower court's sentencing (2 million won of a fine) is too unhued and unfair.

However, there is a disadvantage to the defendant, such as the fact that the defendant has a criminal record of the same kind.

However, in light of the fact that the crime of this case was committed by the Defendant without undergoing the above training even after receiving a muster notice that the Defendant would cause the above training, the content of the crime is not more severe; the amount of the fine of the lower court is considerably increased compared to the amount of the most recent previous criminal conviction and fine (700,000 won) against the Defendant; the fact that the Defendant mistakenly recognized the Defendant’s mistake and reflects it; and all other circumstances that form the condition of the sentencing specified in the instant case, the lower court’s sentencing cannot be deemed unreasonable because it is too uneasible.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.