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(영문) 인천지방법원 2015.11.20 2015노3594

병역법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. It is recognized that the judgment was based on the facts that the Defendant recognized the instant crime.

However, the crime of this case committed by the defendant is not punishable by imprisonment, and it is impossible to sentence a fine because it committed the crime of this case even during the suspension period of execution due to the crime of joint conflict. Furthermore, it is also impossible to sentence a suspended sentence again because it committed the crime of this case. The sentence of the defendant cannot be avoided, considering all favorable circumstances asserted by the defendant, the court below seems to have determined the sentence after considering all favorable circumstances of the defendant. There is no special circumstance or circumstance that can be newly considered in the sentencing after the decision of the court below. There is a need to maintain balance with the criminal punishment for the same crime, and all other factors of sentencing as shown in the records, including the defendant's age, character and behavior, environment, motive and circumstance leading to the crime of this case, and circumstances before and after the crime, even if considering the circumstances cited in the grounds of appeal, the above argument of the defendant cannot be accepted.

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