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(영문) 부산지방법원 2016.07.06 2015노4071

향토예비군설치법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (4 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. In light of the fact that the defendant was sentenced to five times criminal punishment by a fine for a violation of the Act on the Establishment of Local Reserve Forces, and the fact that the crime of violation of the Act on the Establishment of Local Reserve Forces is related to national security, it is necessary to impose strict liability equivalent to that of the defendant;

I see that it is.

However, in full view of the following: (a) the Defendant recognized all of the facts leading up to the instant crime; (b) the fact that the Defendant was subject to a fine once criminal punishment for the instant crime; (c) the fact that according to a religious belief appears to have committed the instant crime; and (d) the Defendant’s age, sexual conduct, environment, motive and circumstance of the instant crime; and (c) all of the sentencing conditions as indicated in the instant argument, including the circumstances after the commission of the crime, etc., the sentence imposed by the lower court is too uneasible and unreasonable

Therefore, the prosecutor's above assertion is not accepted.

3. The prosecutor'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.