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대구지방법원 2018.03.23 2017노1792

주거침입

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (700,000 won in penalty) imposed by the court below on the defendant is too unhued and unreasonable.

2. The judgment of the defendant committed a crime under suspicion of damaging property to intrude upon the residence of the same victim, and the fact that the defendant was punished for a crime committed by fraud or violence, and that it is a crime committed during the period of repeated crime is disadvantageous to the defendant.

However, considering the Defendant’s recognition of the instant crime, the degree of damage appears to be minor, and the favorable circumstances in favor of the fact that the Defendant agreed with the victim, and taking into account all the sentencing conditions specified in the records and arguments of the instant case, such as the Defendant’s age, sexual conduct, environment, family relationship, circumstances leading to the commission of the crime, means and consequence, circumstances after the crime, relationship with the victim, etc., the sentence imposed by the lower court is appropriate, and the sentencing judgment by the lower court exceeded the reasonable bounds of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, the prosecutor's above assertion is without merit, since the court below's punishment is too unfasible.

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