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(영문) 춘천지방법원 강릉지원 2013.08.13 2013노231
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 (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The Defendant committed the instant crime again during the grace period after having been sentenced to two years of imprisonment with prison labor for the same kind of crime, is disadvantageous to the Defendant.

On the other hand, there are extenuating circumstances such as the fact that the defendant's mistake is too late and there is a family member to support the defendant.

In full view of all the sentencing conditions, including the above circumstances, the Defendant’s age, character and conduct, circumstances before and after the crime, and the Defendant’s previous conviction, it cannot be deemed that the lower court’s punishment is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor 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.

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