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(영문) 서울남부지방법원 2020.01.09 2018노1704

주거침입등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of 500,000 won) imposed by the lower court is too unhued and unreasonable.

2. There are no new circumstances or changes in circumstances that can be reflected in the sentencing after the court below sentenced the judgment.

Not only the defendant was punished for the same kind of crime, but also the period of repeated crime due to the crime of this case is disadvantageous to the defendant even at the time of the crime of this case.

However, in full view of all the circumstances that are favorable to the Defendant, including the fact that there are extenuating circumstances to consider the Defendant’s commission of the instant crime, and the fact that the victims and the victims have reached an agreement smoothly, as well as the Defendant’s age, character and conduct, environment, relationship to victims, motive means and consequence of the instant crime, etc., the lower court’s sentencing is not too minor beyond the reasonable scope of discretion.

The prosecutor’s assertion of unfair sentencing is not acceptable.

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.