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(영문) 의정부지방법원 2019.03.21 2018노3490
야간건조물침입절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) of the lower court is too unhued and unreasonable.

2. Determination

A. The lower court determined a sentence by comprehensively taking account of the following circumstances and the matters stipulated in Article 51 of the Criminal Act. A person under way: A person with the same kind of force who committed a crime under the same law even though there are many persons: The fact that some of the crimes were attempted, and there is no record of criminal punishment after the completion of the execution of imprisonment in 201.

B. On the other hand, the reasons for unfair sentencing alleged by the prosecutor are already considered in determining the punishment by the lower court, and the lower court’s punishment determined accordingly is within the discretionary scope.

In addition, there is no reason to judge that the sentencing conditions have changed in the trial.

Therefore, the prosecutor does not accept the prosecutor's allegation of unfair sentencing.

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

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