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(영문) 부산지방법원 2015.09.17 2015노2248

향토예비군설치법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. Although the judgment was made on several occasions, considering the defendant's criminal records of the same kind, Korea's security situation, equity with other persons performing military service, etc., it cannot be deemed that the defendant's act is light of the quality of crime, but the defendant has already faithfully performed his duty of active service. However, the defendant seems to have some of the circumstances leading to the crime in this case according to his religious belief, the fact that there is only a fine, the fact that there is only a previous criminal record, the defendant's age, character and conduct, intelligence and environment, the motive, means and consequence of the crime in this case, and the circumstances after the crime, etc., the punishment of the court below is reasonable.

Therefore, prosecutor's assertion is without merit.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.