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(영문) 서울남부지방법원 2020.01.14 2019노2012
병역법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The judgment of unfair sentencing refers to the case where the sentence of the judgment of the court below is too heavy or too minor in light of the content of the specific case.

Based on the statutory penalty, the sentencing is a discretionary judgment that takes place within a reasonable and appropriate scope by comprehensively taking into account the conditions of the sentencing prescribed in Article 51 of the Criminal Act based on the statutory penalty, and there is a unique area of the first instance court in our Criminal Procedure Act, which takes the trial-oriented principle and the direct principle.

In addition to these circumstances and the ex post facto nature of the appellate court, if there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(2) In light of the records and arguments of this case, the Defendant’s age, character and conduct, family relationship, motive and circumstance after the commission of the crime, etc. (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court rendered the above sentence to the Defendant on the grounds of sentencing as stated in its reasoning, including the fact that the Defendant committed a second offense, even though having been punished several times as a single criminal act, and that there was no special circumstance or change in circumstances that may be newly considered in sentencing in the trial. In full view of all the factors of sentencing as indicated in the records and arguments of this case, the lower court’s sentencing is too excessive and thus,

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

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