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(영문) 부산지방법원 2016.04.29 2015노2259
향토예비군설치법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below on the gist of the grounds of appeal is unreasonable because the punishment (3 million won in penalty) of the court below is too unfilled.

2. The judgment of the court below is deemed to have been sentenced to five times criminal punishment by the defendant due to the violation of the Act on the Establishment of Local Reserve Forces; the defendant repeatedly caused the waste of administrative power required for the training of the reserve forces due to the violation of the Act on the Establishment of Local Reserve Forces, such as the crime of this case, and the nature of the crime is grave; however, in full view of the fact that the defendant has no criminal history exceeding the fine, the defendant has no criminal history; the defendant's age, sexual conduct, environment, circumstances and motive leading to the crime of this case; and all other matters concerning the sentencing as indicated in the records and changes of the records of this case, it cannot be deemed that the

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.

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