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(영문) 부산지방법원 2014.10.16 2014노1843

폭력행위등처벌에관한법률위반(공동주거침입)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (one million won of a fine) is too unhued and unreasonable.

2. In light of the fact that the Defendant again committed the instant crime even though he/she was subject to a disposition of suspension of indictment or suspension of sentence on several occasions in relation to an assembly and demonstration, the quality of the relevant crime cannot be deemed to be light.

However, the court below's sentencing seems appropriate in light of the following circumstances: (a) the defendant misjudgments the defendant; (b) there are no criminal records of imprisonment without prison labor or more; (c) the defendant has been involved in the assembly lawfully reported by him; (d) there are circumstances to consider the motive and circumstance of the contingency in the process of confrontationing the police; (e) the defendant's leave continues to exist; and (e) there are still no changes in circumstances to be considered in sentencing after the sentence of the court below; and (e) there are no changes in circumstances to be considered in sentencing after the sentence of the court below; and (e) other circumstances that are conditions

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