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(영문) 부산지방법원 2017.06.29 2017노70

건조물침입등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (five million won in penalty) on the summary of the grounds for appeal is deemed to be too unhutiled and unfair.

2. Determination is recognized that the Defendant committed each of the instant crimes even though he/she was in the period of probation, which became final and conclusive on November 28, 2015, when he/she was sentenced to a suspended sentence for ten months of imprisonment due to fraud, etc., and that the Defendant was punished for violent crimes up to 15 times, etc.

However, in full view of all of the sentencing conditions specified in the records and arguments of this case, the sentence imposed by the court below cannot be deemed as unfair because it is unaffortuous, in full view of the following facts: (a) the defendant sought a letter from the victim who was ever disturbed, and had reached an agreement, and the defendant appears to have been given an opportunity of reflection while living more than five months in prison due to the crime of this case; and (b) the defendant's age, sex, environment, and future will begin a new life.

3. Accordingly, 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.