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(영문) 서울동부지방법원 2017.07.13 2017노134

향토예비군설치법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is improper because it is too unfasible to the defendant.

2. The judgment is recognized as having the record of punishing three times fines for the same crime, but considering all the sentencing conditions shown in the argument of this case, such as the defendant's age, sex, family environment, background and result of the crime of this case, the court below's punishment is too unfeasible and unfair. Thus, the prosecutor's above assertion is without merit.

3. According to the conclusion, the prosecutor’s appeal of this case is dismissed pursuant to Article 364(4) of the Criminal Procedure Act on the grounds that the appeal of this case is without merit. It is so decided as per Disposition (Article 364(4) of the Act on the Establishment of Local Reserve Forces among the application of the statutes of the lower judgment to “former Act on the Establishment of Local Reserve Forces (wholly amended by Act No. 14184, May 29, 201).”