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(영문) 서울중앙지방법원 2014.04.24 2014노916
병역법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the defendant's imprisonment for six months sentenced by the court below is too unhued and unfair.

2. That the Defendant, who was sentenced to imprisonment with prison labor for ten months due to the same crime, was sentenced to imprisonment for the same crime, and again re-offendered for more than a few months from the time the execution of the sentence was completed on May 11, 2013 is disadvantageous to the Defendant.

However, in full view of the fact that the above ten-month imprisonment not only was imposed but also was punished for larceny and occupational embezzlement, the defendant shows his attitude of reflection, and the defendant's age and family environment, and the sentence of similar cases as shown in records and pleadings, even if such unfavorable circumstances were to be considered, it is not recognized that the sentence imposed by the court below is unreasonable.

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

[Inasmuch as it is obvious that the term “relevant legal provision on a criminal fact” in the lower judgment is a clerical error in the former Military Service Act (amended by Act No. 11849, Jun. 4, 2013), it shall be corrected ex officio pursuant to Article 25(1) of the Regulations on Criminal Procedure.

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