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(영문) 광주지방법원 2016.04.06 2015노2261
주거침입등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (amounting to KRW 6,00,000) is too uneased and unreasonable.

2. The judgment that the defendant assaulted police officers performing duties while under the influence of alcohol to impair the public authority on the enforcement of the law, and that the defendant committed each of the crimes of this case during the period of probation is disadvantageous to the defendant.

However, it is more favorable for the defendant to recognize and reflect his mistake, to agree with the victims, to leave the workplace of the defendant's employer against the defendant, and to the fact that the defendant seems to have caused contingent crimes of this case.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the Prosecutor’s assertion is without merit, on the ground that the lower court’s punishment is too uneasible and it is not deemed unfair.

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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