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(영문) 서울중앙지방법원 2021.02.17 2020노2036

병역법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unfased and unreasonable.

2. In a case where there is no change in the terms and conditions of sentencing compared to the lower court’s judgment and the sentencing of the lower court is not beyond the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The circumstances alleged by the prosecutor in this court as an element of sentencing have already been revealed in the course of pleadings by the lower court, and there is no particular change in circumstances in the matters that are the conditions of sentencing after the lower judgment

Examining the above circumstances and the Defendant’s age, sexual conduct, environment, motive and means of committing a crime, consequence, etc., and all of the sentencing conditions indicated in the instant arguments and records, the sentence imposed by the lower court is uneasible and unreasonable.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.