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(영문) 광주지방법원 2016.07.20 2016노1413
병역법위반등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years and six months of imprisonment) is too unreasonable.

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

2. The instant crime was committed by the Defendant against the socially disadvantaged class, such as job seeker, and its nature is not good.

Although multiple victims have committed a crime repeatedly and the amount of damage exceeds KRW 100 million, the defendant has not made any effort to recover actual damage.

In addition, the defendant committed the crime of this case during the period of repeated crime as well as the crime of violation of the same military service law, the crime of conflict, and the crime of this case.

This is disadvantageous to the defendant.

On the other hand, the defendant recognizes all of his mistakes and is against the law.

The defendant is in a position to support his or her children and wife.

This is the circumstances favorable to the defendant.

In addition, given that there are no special circumstances or changes in circumstances that may be newly considered in sentencing after the pronouncement of the lower judgment, the Defendant and the Prosecutor’s assertion are without merit, since the lower court’s punishment is too heavy or it is not deemed unfair because it is too heavy, in full view of various sentencing conditions as shown in the argument of the instant case, such as the background of the instant crime, the circumstances after the crime was committed, the Defendant’s age, sexual conduct, and the environment.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, 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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