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(영문) 인천지방법원 2014.07.24 2014노993

주거침입

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (two months of imprisonment and two years of suspended execution) is too unfasible.

2. The judgment of the court below that the defendant denies some of the crimes in the court below, did not agree with the victim; the nature of the crime in this case is not good; however, the defendant has no record of having been sentenced to imprisonment without prison labor or more for the last ten years; the defendant deposited 3 million won in the court for the victim; the court below ordered 400 hours for community service while suspending the execution of imprisonment with prison labor for the defendant; and the court below ordered 40 hours for community service as a whole other circumstances, such as the defendant's age, character and behavior, environment, background of the crime in this case, means and method of the crime in this case; and the circumstances after the crime, etc., which are conditions for sentencing, cannot be determined to be unfair

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.