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(영문) 수원지방법원 2018.08.10 2018노2360
건조물침입
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (the 500,000 won suspended sentence) on the gist of the grounds of appeal is deemed to be too unfilled and unfair.

2. The lower court suspended the sentence of a fine of KRW 500,000,00, taking into account the circumstances unfavorable to the Defendant.

In full view of the facts that are the conditions of sentencing in this court, in particular, there is no history of criminal punishment against the defendant, and the fact that the injured person is not subject to the punishment of the defendant by agreement with the victim at the original court, and that the judgment of the original court exceeded the reasonable bounds of discretion in its discretion, considering the fact that the defendant agreed with the victim.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, even if the circumstances and results of the instant crime were to be comprehensively considered, the sentence of the lower court is appropriate, and it is not deemed unfair because it is too unfasible.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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