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(영문) 인천지방법원 2016.12.23 2016노4305
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal against the Defendants (e.g., imprisonment of April, suspended sentence of two years, Defendant B: imprisonment of five months, suspended sentence of two years, and confiscated) are too unfasible and unfair.

2. Even if there are some circumstances to consider the circumstances leading to the Defendants’ criminal conduct, it is inevitable to punish the Defendants with severe punishment, and the period of the instant crime is about 45 days, and considerable damage is deemed to have occurred due to the suspension of construction during that period. However, it is recognized that the Defendants are criminal facts and are against the Defendants, at the investigation stage, the victim’s side does not want punishment against the Defendants, without previous consent, the Defendants actively endeavored to recover damage caused by obstruction of business, and other various sentencing conditions indicated in the records, such as the Defendants’ age, character, conduct and environment, motive, means and consequence of the crime, and circumstances after the crime, etc., the prosecutor’s assertion above is without merit.

3. In conclusion, since the prosecutor's appeal against the defendants is without merit, all of the appeals are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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