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(영문) 창원지방법원 2016.01.13 2015노2632
병역법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is unreasonable as it is excessively unreasonable.

2. Although there are favorable circumstances such as the confession and reflect of the defendant, the fact that the defendant does not want the punishment of the defendant by mutual consent with the victim, considering the method and frequency of each of the crimes of this case, it is not good that the crime is committed, the defendant has been punished several times as a similar crime in the past, and the defendant committed each of the crimes of this case again even during the period of repeated crime or suspended execution, even though he has been punished several times as a similar crime in the past, and there is no special reason to change the sentencing after the pronouncement of the judgment of the court below, the range of recommended sentence according to the sentencing guidelines of the Supreme Court sentencing committee (not less than eight months), and other conditions of sentencing as shown in the records and arguments of this case, such as the defendant's age, sex behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc., it cannot be deemed unfair due to excessive punishment imposed by the court below.

Therefore, the defendant's argument of sentencing is without merit.

3. In 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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