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(영문) 창원지방법원 2019.06.13 2018노2104

병역법위반

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (four months of imprisonment) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. The Defendant’s finding that the instant crime was committed without being aware of during the suspension of execution is disadvantageous to the Defendant.

However, the fact that the defendant reflects his wrongness in depth, and that the defendant is deemed to have committed the crime of this case in order to support his/her poor families, etc. is favorable to the defendant.

In addition, in full view of all other circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, it is not recognized that the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant and the prosecutor’s assertion are without merit.

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