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(영문) 부산지방법원 2016.11.10 2016노1402
향토예비군설치법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence sentenced by the original court in the summary of the grounds for appeal (two years of imprisonment with prison labor for a period of five months) is too unhued and unreasonable.

2. Determination is clear that the defendant has been already punished by 12 times due to the violation of the Establishment of Homeland Reserve Forces Act, and that it is necessary to sentence more severe punishment to the defendant for the defendant, such as the defendant's failure to respond to the call-up for training 18 times. However, the call-up for training 18 times above is related to the training for the three years in 2012, 2013, and 2015, and the defendant has no record of being sentenced to a fine exceeding a fine due to the violation of the Establishment of Homeland Reserve Forces Act, and the defendant has no record of being punished for other crimes except for the violation of the Establishment of Homeland Reserve Forces Act, and other circumstances such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime are considered within the scope of proper sentencing discretion

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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