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(영문) 전주지방법원 2014.07.11 2014노257
주거침입
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the fine of KRW 500,000) declared by the court below is too uneased and unreasonable.

2. The judgment of the defendant committed the crime of this case, even though he had the record of punishment several times for the same crime, but the crime of this case was committed without a certain residence. However, the crime of this case is not deemed to be unfair because the punishment of the court below is too unreasonable, considering the following circumstances: the defendant's age, character, environment, family relationship, motive, means and consequence of the crime, etc. of this case, by opening a door to report the password as stated in the entrance of the studio Building when the defendant lives without a certain residence, and by opening it from the stairs which are common use area, the owner of the building is deprived of the damage.

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

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