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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2018.01.18 2017노8355
병역법위반등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We also examine each of the judgment and prosecutor’s unfair sentencing cases.

The defendant, as a social service personnel, has deserted his service for eight days without good cause, used a taxi without the intention of payment or ability, thereby causing economic damage to the victims of the victims of the taxi driver. The defendant's awareness of compliance seems considerably weak.

The defendant has been punished several times due to the same criminal fraud, theft, etc., and in particular, even during the suspension period of execution due to special robbery, it is very heavy for the defendant to commit each of the crimes of this case without being aware of it.

It seems that the defendant has not recovered damage to the victims or did not reach an agreement.

This is all the circumstances disadvantageous to the defendant.

On the other hand, the defendant shows his attitude to recognize and reflect all of his criminal acts in the past.

It seems that property damage suffered by victims of fraud and theft was relatively not severe, and the period of leave from service was not even long.

This is all favorable to the defendant.

As above, the lower court appears to have determined the sentence in consideration of various favorable and unfavorable circumstances to the Defendant, and there is no special change to the extent that it is considered in sentencing in the past.

In addition, comprehensively taking into account all the sentencing conditions indicated in the records of this case, such as the defendant's age, sex, environment, circumstances after the crime, and circumstances after the crime, it is difficult to view the sentencing of the court below is too heavy or unreasonable since it is difficult to view the sentencing of the court below as unfair. Therefore, each of the above arguments by the defendant

3. In conclusion, each appeal by the defendant and the prosecutor is without merit.

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