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(영문) 전주지방법원 2018.06.07 2017노1818
특수주거침입미수
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal - The lower court’s punishment is too minor.

2. All circumstances asserted by the Prosecutor as an unfavorable factor in sentencing in the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the court below were revealed in the hearing at the court below, and there is no change in circumstances concerning the matters subject

In full view of the grounds for sentencing cited by the court below and all other factors of sentencing indicated in the records of this case, including the Defendant’s age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentencing of the court below exceeded the reasonable scope of the court’s discretion in determining the sentencing.

Therefore, the prosecutor's argument of sentencing cannot be accepted.

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.

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