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(영문) 수원지방법원 2013.07.18 2012노5489
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence of the lower court (two years of imprisonment with prison labor for a term of one-year suspension of execution, two years of probation, and two hundred hours of community service order) is too unhued and unreasonable

2. The court below's decision on the following facts: (a) the defendant had a record of being subject to juvenile protective disposition several times for the same crime; (b) the crime of this case has been committed by the defendant several times for the same crime; (c) the crime of this case was committed by setting the role as accomplices and planned; (d) the method is not good; and (e) the amount of damage was continuously reduced for a considerable period of time; and (e) the amount of damage was not less than 12 million won; (d) the defendant was not agreed with the victims; (e) the defendant was found to have committed the crime of this case; (e) the defendant was a juvenile at the time of committing the same crime; (e) the defendant was detained for more than 60 days in the court below; (e) the defendant was detained for more than 60 days in the court below; and (e) the previous juvenile protective disposition was released by a suspended sentence after being sentenced to probation from the juvenile reformatory to the juvenile reformatory; and (e) the reason and details of the crime of this case; (e) the defendant's character and environment; and (e) the sentence of imprisonment.

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

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