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(영문) 인천지방법원 2013.10.04 2013노2070
병역법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (two years of imprisonment) against the Defendant is too unfased and unreasonable.

2. In light of the facts stated in the judgment of the court below, the defendant only has the history of being punished several times for the same kind of crime, and in particular, the defendant committed each of the crimes of this case including the same kind of larceny even though he had been punished for repeated crime, and there are no circumstances to consider such as agreement with the victims or compensation for damage up to the trial, and the duty of military service should be faithfully performed, and therefore, the need to punish the defendant with strict punishment is recognized.

However, in full view of the fact that the Defendant recognized each of the crimes of this case and against his mistake, the total amount of damage caused by each of the crimes of this case is relatively large, and other various sentencing conditions shown in the records and arguments, such as the Defendant’s age, family environment, and circumstances before and after the crime, the sentencing of the lower court against the Defendant is too uneasible and unreasonable.

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

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