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(영문) 수원지방법원 2018.10.11 2018노4865
주거침입등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the court below (one year and six months of imprisonment) on the gist of the grounds of appeal is too unhued and unreasonable.

2. The prosecutor’s point of view is that the harm caused by the phishing crime is serious and thus requires strict punishment. However, considering the following factors: (a) the defendant appears to have an attitude against the defendant; (b) the defendant has no record of punishment in the Republic of Korea; (c) the victim was arrested immediately after the crime and returned to the victim; and (d) the defendant’s age, sexual conduct, environment, family relationship, motive, and circumstances after the crime, the court below’s punishment is too uneasible and unreasonable.

3. Accordingly, 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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