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(영문) 서울서부지방법원 2016.12.22 2016노1385

주거침입등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (two million won of a fine) is too unhued and unreasonable.

2. The judgment is based on the following: (a) although there are many criminal records that the Defendant was subject to criminal punishment including the same kind of crime, there are also unfavorable circumstances such as the Defendant committed the instant crime; (b) however, the Defendant led to the confession and the mistake of the Defendant; (c) the Defendant’s damage caused by the instant crime is not relatively more serious; and (d) the Defendant’s age, career, character and conduct, motive for the instant crime, means and method of the instant crime; and (e) the conditions of the oral arguments and the records, such as the circumstances after the

The prosecutor's assertion of unfair sentencing is without merit.

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.