logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2016.04.15 2016노374
향토예비군설치법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence (six months of imprisonment) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. The circumstances are as follows: (a) the Defendant is aware of and reflects his mistake; (b) the Defendant appears to be unable to participate in the reserve forces training while he is engaged in his occupation as a bad business; (c) the circumstances are considered; (d) the Defendant was participating in the supplementary training for the reserve forces that he has not participated in the training; and (e) the completion of the training for the reserve forces

However, even though the Defendant was sentenced 4 times to a fine for the same crime, and was sentenced one time to a suspended sentence, the Defendant had been present at the exercise by carefully examining the schedule of the reserve forces, and therefore, it led to the occurrence of the instant crime. In full view of the circumstances unfavorable to the Defendant, such as the Defendant’s age, sex, family environment, motive and background of the instant crime, the means and consequence of the instant crime, as well as the various sentencing conditions as shown in the instant pleadings, such as the circumstances before and after the instant crime, it is not recognized that the sentence imposed by the lower court is too unreasonable.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow