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(영문) 수원지방법원 2013.04.23 2013노278

폭력행위등처벌에관한법률위반(공동주거침입)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the suspended sentence of a fine of KRW 700,00 (the suspended sentence of a fine) is too unhued and unreasonable.

2. In full view of the following facts: (a) the Defendant has no criminal history; (b) the Defendant did not plan or take the lead in the exercise of the D Bus; (c) the Defendant merely participated in the exercise of the D Bus but went beyond the wall through a contingent bridge, and the degree of participation is insignificant; and (d) the Defendant participated in the assembly in a relatively peaceful manner instead of engaging in the act of assault or damage; (c) the circumstances of the Defendant recognize all of the instant crime; (d) the Defendant’s age, character and conduct, environment, motive and circumstance of the crime; and (e) other various sentencing conditions specified in the instant records and arguments, such as the Defendant’s age, character and behavior, the motive and circumstance after the crime, etc.

3. As such, the prosecutor’s appeal is without merit. Thus, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition. However, according to Article 25(1) of the Regulation on Criminal Procedure, “R” is added to the following parts of the “law firm B” indicated by