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(영문) 인천지방법원 2018.12.14 2018노3234
건조물침입등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (eight months of imprisonment) is too unhued and unreasonable.

2. The fact that the defendant was sentenced to imprisonment for the same kind of crime and was exempted from the execution of the sentence several times at least three months after being exempted from the execution of the sentence due to a special amnesty during the execution of the sentence, is unfavorable to the defendant; however, the defendant confessions all the crimes including the crime that was not reported after the arrest of the defendant, and expresses his intent that some victims do not want the defendant's punishment although they were unable to recover damage to the victims; and other circumstances and the defendant's age, sex behavior, environment, circumstances of the crime, and circumstances after the crime, etc., which the court below properly decided, are considered as unfair because the court below's punishment is too uneasible.

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.

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