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(영문) 대전지방법원 2013.04.18 2012노2459
주거침입등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the punishment of imprisonment with prison labor for one year, two years of suspended execution, probation, and community service order for two hundred hours is too uneased and unreasonable.

2. In light of the judgment, the crime of this case is deemed to be proper, and the nature of the crime of this case is poor because the defendant worn the gate and Make at night, worn the gate and Make at the time of the victim's house which had been identified in advance, and assaults the victim. However, the defendant does not want the punishment of the defendant, and the defendant does not want the punishment in depth and wrong, and the defendant does not repeat again. In addition, considering the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, and all of the sentencing conditions specified in the records and arguments, such as the circumstances after the crime, etc., the court below's punishment is deemed to be unfair, and the prosecutor's assertion of unfair sentencing is without merit.

3. Therefore, 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.

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