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(영문) 전주지방법원 2020.02.13 2019노1725
특수건조물침입미수등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal - The sentence of imprisonment (one year of imprisonment) by the lower court is too minor.

2. There is no special change in circumstances in the trial about sentencing.

The lower court has already determined the punishment by fully taking into account all the circumstances that the prosecutor asserts as the grounds for appeal.

Even if the court below’s grounds for sentencing and all other conditions of sentencing indicated in the record are reviewed once again, it does not seem to have exceeded the reasonable scope of discretion regarding sentencing because the punishment is too unfasible.

The prosecutor's assertion is not accepted.

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.

[However, pursuant to Article 25(1) of the Rules on Criminal Procedure, the pertinent Article of the Criminal Act and the choice of punishment for the crime among the "application of the law" of the judgment below is clear that it is a clerical error in Article 322, Article 320, Article 319(1) of the Criminal Act and Articles 284 and 283(1) of the Criminal Act (special intimidation and choice of imprisonment). Thus, ex officio correction is made.

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