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(영문) 서울중앙지방법원 2018.11.01 2018노1662
예비군법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered on the defendant is too unreasonable as the punishment (amounting to 700,000 won) imposed on the defendant is too unreasonable.

2. The judgment of the defendant recognized the facts of the crime and is divided, and there is no record of punishment for the same crime, and there is a favorable circumstance for the defendant, such as the fact that the crime of this case is in a concurrent relationship between the violation of the Narcotics Control Act (fence) and the crime of violation of the Act on the Control of Narcotics, etc., which became final and conclusive on April 3, 2018 and the group after Article 37 of the Criminal Act, and it is necessary to determine punishment in consideration of

However, according to the fact that the defendant has been punished several times for various crimes in the past, and the fact that the defendant seems to have taken an unfaith attitude in the training of the reserve forces by failing to participate in education and training several times, etc., considering the circumstances unfavorable to the defendant, such as the defendant's age, sexual conduct, environment, background and result of the crime, circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable since the defendant's punishment is too excessive.

3. According to the 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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