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(영문) 수원지방법원 2017.11.16 2017노3311

주거침입등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the prosecutor’s appeal grounds for each of the instant offenses is as follows: (a) the Defendant, under the influence of alcohol, is found to have been found to have 2 underground through the entrance door of a multi-household house with the victim C’s residence.

In light of the following facts: (a) the head of a Si/Gun/Gu who was under suspension of the execution of official duties and was sentenced to two years of suspension of the execution of official duties on October 28, 2015 and two years of suspension of the execution of official duties on November 5, 2015; and (b) the head of a Si/Gun/Gu under suspension of the execution of official duties on November 5, 2015; (c) the head of a Si/Gun/Gu under suspension of the execution of the instant crime was committed during the period of the suspension of the execution of official duties; and (d) the history of punishment for the same kind of crime can be imposed, the court below’s sentence of a fine of three million won or more is unreasonable.

2. In light of the facts alleged in the grounds of appeal, the lower court’s sentence is too unjustifiable and unreasonable, taking into account the following factors: (a) the Defendant recognized a mistake; (b) the Defendant committed each of the instant crimes in contingency under the influence of alcohol; (c) the victim C expressed his intent not to be punished; and (d) the motive and background of the instant crime; (b) the circumstances before and after the instant crime; (c) the degree of damage; and (d) other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the Defendant’s character and conduct, and the environment, etc. as indicated in the instant records

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 334(4) of the Criminal Procedure Act. It is so decided as per Disposition.

참조조문