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(영문) 광주지방법원 2016.07.21 2016노1220
병역법위반
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor’s sentence of the lower court (six months of imprisonment) is too unhued and unreasonable.

B. The lower court’s punishment is too unreasonable.

2. The judgment that the defendant was sentenced to six months of imprisonment and two years of suspended execution due to the same violation of the Military Service Act, and that the defendant committed the crime of this case at the same time during the suspended execution period is disadvantageous to the defendant.

On the other hand, it is favorable that the defendant has committed a crime, and that he has faithfully performed social service during the remaining period.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions indicated in the instant records and arguments, the lower court’s punishment is not deemed to be too minor or unreasonable, and thus, the prosecutor and the Defendant’s assertion are without merit.

3. In conclusion, since both the prosecutor and the defendant's appeal are 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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