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(영문) 부산지방법원 2019.06.27 2019노861
예비군법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (a fine of KRW 500,000, a suspended sentence) is deemed to be too unhued and unfair.

2. Determination

A. According to the records, the lower court determined a sentence by taking into account the sentencing reasons, such as the fact that the Defendant was first and not to repeat a crime, and there are circumstances that may consider the circumstances leading to the instant crime committed due to family relations, etc.

B. Although there is no change in the conditions of sentencing compared to the original judgment as the new sentencing materials have not been submitted in the trial court, and considering the various reasons for sentencing revealed in the oral proceedings, the lower court’s sentencing is too unhued and so it does not seem to have exceeded the reasonable scope of discretion.

The prosecutor's assertion of unfair sentencing is without merit.

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. It is so decided as per Disposition.

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