주거침입등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.
2. Determination
A. The Prosecutor appealed the part of the lower judgment dismissing the public prosecution by stating “the entire amount” in the column for the scope of appeal in the petition of appeal, and also appealed against the part of the lower judgment dismissing the public prosecution.
However, there is no reason for appeal concerning the dismissal of the public prosecution in the petition of appeal or the written reason for appeal, and there is no reason for ex officio investigation.
B. We examine the judgment of the court below as to the wrongful argument of sentencing as to the guilty portion, and there is no particular change in the sentencing conditions compared to the court below's judgment, and considering the various sentencing conditions as shown in the records and arguments of this case, the court below's sentence is not unfair. Thus, the prosecutor'
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.