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(영문) 대구지방법원 2017.11.15 2017노3404

주거침입

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of a fine of KRW 100,00,00, imposed by the court below on the gist of the grounds of appeal is too unfilled and unreasonable.

2. That there are extenuating circumstances for the defendant to take into account the circumstances leading to the instant case, and the degree of damage from the instant case is serious.

Considering the Defendant’s age, sexual conduct, environment, family relationship, and circumstances after committing the instant crime, etc., the lower court’s punishment is too uneasible and is not deemed unfair, and thus, the prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (5) of the Criminal Procedure Act, since it is obvious that the prosecutor's appeal is groundless. It is so decided as per Disposition.