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(영문) 서울동부지방법원 2016.01.21 2015노1481
병역법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable for eight months of imprisonment with prison labor sentenced to the defendant.

2. There are extenuating circumstances, such as the fact that the Defendant recognized all mistakes and expressed his anti-discrimination, and the most likely fact that he must support his wife and his married couple.

However, upon examining the circumstances of sentencing prescribed in Article 51 of the Criminal Act, including the Defendant’s age, sex, environment, motive, means, consequence, etc., the sentence imposed by the lower court against the Defendant is appropriate, and the amount of the sentence is not unreasonable. It does not seem that the amount of the sentence imposed by the lower court is inappropriate. It is reasonable that the amount of the sentence imposed by the Defendant is determined based on the following circumstances: (a) the Defendant, who was sentenced to six months of imprisonment on August 29, 2012 due to an injury, etc. on the part of the Defendant; (b) the Defendant committed each of the instant crimes without being imprisoned during the repeated offense period; and (c) the escape during the trial of the lower court, etc.

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

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