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(영문) 서울북부지방법원 2017.05.11 2017노483

주거침입

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (two months of imprisonment and two years of suspended execution) is too unhued and unfair.

2. Although there were unfavorable circumstances to the Defendant, such as the fact that the injury suffered by the victim was not recovered due to the instant crime, considering the motive and background leading up to the instant crime, the means and method of the crime, the circumstances before and after the instant crime, the Defendant’s age, sexual behavior, environment, occupation, family relationship, etc., including the circumstance favorable to the Defendant, such as the time when the Defendant was committing the instant crime, and other circumstances, which are conditions of sentencing as shown in the arguments and arguments, the sentence imposed by the lower court cannot be deemed unfair because it is too uneasible.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.