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(영문) 춘천지방법원 강릉지원 2016.12.22 2016노345

주거침입등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for two years and confiscation) of the lower court is deemed to be too uneasible and unfair.

2. The so-called “scaming” crime is a planned and organized crime committed against many and unspecified persons, and there is a significant social harm resulting therefrom, and thus, requires strict punishment to the relevant participants, and no recovery from damage was made after the crime is committed, and thus is disadvantageous to the Defendant.

However, considering the following circumstances: (a) the Defendant recognized the instant crime; (b) there was no record of domestic punishment; and (c) there was no other history of punishment in the entire crime of this case, the Defendant’s role and position, degree of participation; (d) the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (e) the circumstances after the commission of the crime, etc., the lower court’s punishment cannot be deemed to be unreasonable by excessively

The prosecutor's assertion is without merit.

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