(영문) 서울동부지방법원 2015.12.10 2015노1150

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자간(%)

(영문) 서울동부지방법원 2015.12.10 2015노1150

향토예비군설치법위반

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

1. The summary of the grounds for appeal is unreasonable as the penalty (4 million won of a fine) declared by the court below is too unfilled.

2. The circumstances favorable to the Defendant include the following: (a) the Defendant led to the instant crime; (b) the Defendant did not have any previous conviction beyond the fine; and (c) the family members to support.

On the other hand, the defendant committed the crime of this case again even though he had been sentenced to a fine more than 10 times due to the same crime for the last three years. As to the defendant, it appears that it is difficult to expect the effect of special prevention as to the punishment of a fine, and the defendant seems to repeat the same crime with the lack of illegality awareness and the attitude of law at the time. In fact, even in the case of the crime of this case, the defendant was not able to participate in training just late, and the punishment for the crime is not easy, and the possibility of repeating the crime is very high, which is disadvantageous to the defendant.

In light of the above circumstances and other conditions of sentencing as stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, the punishment sentenced by the court below is deemed to be too unreasonable.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 15 (9) 1 and Article 6 (1) of the Establishment of homeland Reserve Forces Act concerning the facts constituting the crime and the election of homeland reserve forces.

1. Article 62 (1) of the Criminal Act (The conditions favorable to the reasons for sentencing specified in the preceding two paragraphs)

참조조문

-향토예비군 설치법 제6조 제1항

-향토예비군 설치법 제15조 제9항 제1호

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