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The defendant's appeal is dismissed.
Reasons
1. The decision of the court below on the summary of the grounds for appeal (one year of suspended sentence for six months of imprisonment, one year of community service, and eight hours of imprisonment) is too unreasonable.
2. Determination is contrary to the Defendant’s acknowledgement of his mistake, and there is no criminal record other than a fine imposed once due to a violation of the Industrial Safety and Health Act in 1999, and the crime of this case was committed in an unreasonable manner while trying to meet the delivery date, and there are circumstances that may be somewhat different from the motive and circumstance of the crime, and there are no particular defects in the goods that have been supplied until now, and the Defendant submitted a corrective measure plan that promises to deliver all parts of the goods at the time of subsequent occurrence of defects to the Navy headquarters, which is favorable to the Defendant.
However, in relation to the supply of munitions, a crime of supplying munitions below the standard by manipulating documents such as examination marks is a serious crime that may not only undermine national security, but also undermine the general public's trust in the quality and performance of munitions, but also cause serious danger to the life and safety of soldiers in the military.
Nevertheless, the Defendant provided products below the standard by manipulating the test report on military supplies on two occasions, and the crime of fraud is also not good in that the amount of fraud is not more than 50 million won.
In addition, considering the various sentencing conditions shown in the records and arguments, such as the defendant's age, sex, environment, and circumstances after the crime, the scope of recommended punishment according to the sentencing guidelines of the Supreme Court sentencing committee (one to one year and six months), it cannot be deemed that the sentence imposed by the court below is too unfair due to the lack of sentence imposed by the defendant.
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.