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(영문) 인천지방법원 2015.07.16 2015노1733

병역법위반등

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. As to the summary of the grounds for appeal against the punishment (one year and four months of imprisonment) declared by the court below, the prosecutor asserts that the prosecutor is too unhued and unfair, and the defendant asserts that it is too unreasonable.

2. We also examine the judgment and the Defendant’s assertion of unreasonable sentencing.

In full view of the following circumstances: (a) the Defendant is led to confession and rebuttal; (b) the Defendant agreed with the victim; (c) the Defendant committed a violation of the Military Service Act during the period of probation of the violation of the Military Service Act; and (d) the Defendant was punished on several occasions due to the same kind of crime and the same type of crime; and (c) the Defendant’s age, character and conduct; (d) the motive, means, and consequence of the instant crime; and (e) the circumstances after the crime, etc., the lower court’

3. If so, the appeal by the prosecutor and the defendant is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.