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(영문) 광주지방법원 2018.01.10 2017노28

주거침입

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the instant crime, did not have the ability to discern things or make decisions.

B. The sentence sentenced by the lower court to the Defendant (2.5 million won in penalty) is too unhued and unfair.

2. Determination

A. According to the record of the instant case’s assertion of misunderstanding of facts, the Defendant had a lack of ability to discern things or make decisions due to stimulative disorder, alcohol use, and other mental and behavioral disorder at the time of committing the instant crime.

I seem to appear.

Therefore, this part of the prosecutor's argument is without merit.

B. In light of the following: (a) there is no particular change in the sentencing conditions compared to the original judgment; and (b) considering the various sentencing conditions as shown in the records and pleadings of the instant case, the lower court’s punishment seems to be unfair; and (c) the prosecutor’s aforementioned assertion 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 grounds that the appeal is without merit. It is so decided as per Disposition.