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(영문) 인천지방법원 2016.11.30 2016노2573
병역법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment, three years of suspended execution, three years of probation, and one hundred and twenty hours of community service order) is too unreasonable.

2. There are circumstances that can be considered in light of the circumstances, such as the fact that the Defendant is able to faithfully perform his duties as social work personnel after recognizing his mistake, and the crime of this case and the final judgment at the time of original judgment are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the principle of equity with the case where the judgment is rendered concurrently. However, the crime of this case is deemed to have ceased to serve as social work personnel for a long time without justifiable grounds, and the nature of the crime is bad, and there is no special change in circumstances after the pronouncement of the judgment below, and all the sentencing conditions in the records and arguments of this case, including the Defendant’s age, character, character, occupation and environment, motive and circumstance of the crime, etc., are considered, even if considering the above circumstances favorable to the Defendant, it cannot

Therefore, we cannot accept the defendant's above assertion.

3. In conclusion, the defendant'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.

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