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(영문) 대전지방법원 2020.12.02 2020노217

방실침입

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that this case is a planned crime rather than contingent, and the case is very serious in light of the mental impulses of the victims resulting from the planned crime, and the case is still not available to the victims. In light of the fact that the court below's punishment (including a fine of 4 million won) is too uneasible and unfair.

2. In light of the judgment, the court below sentenced the above sentence to the defendant on the grounds of sentencing as stated in its holding. The circumstances alleged in the grounds for appeal by the prosecutor are deemed to have been sufficiently considered when determining the punishment in the court below, and the defendant seems to have committed the crime in this case with no criminal power at all times, and there are other factors of sentencing in this case including the defendant's age, character and behavior, occupation, environment, circumstance of the crime, means and consequence, and circumstances after the crime, etc., it cannot be recognized that the sentencing judgment by the court below is too unafford and exceeded the reasonable scope of discretion.

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.