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(영문) 창원지방법원 2013.08.22 2013노236

군사기지및군사시설보호법위반등

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won of a fine) is too unreasonable.

2. The judgment of the court below is acknowledged that the defendant committed the crime of violation of the Protection of Military Bases and Installations Act, but there is a need to severely punish the defendant as an act threatening national security by hindering the protection of military bases and installations and the smooth performance of military operations. The defendant's promise to receive compensation, made a false statement as if he/she was the captain of F, and made L, an offender, escape from the criminal, by neglecting the state's criminal justice power by neglecting the investigation agency's personnel and physical capacity, and other factors such as the defendant's age, character and conduct, environment, motive, means and consequence of each of the crimes of this case, the circumstances after the crime, etc. are considered to be in a position to support his/her family. Thus, the defendant's assertion of unfair sentencing is not justified.

3. In conclusion, the defendant's appeal of this case 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.