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(영문) 서울동부지방법원 2020.05.22 2019노1479
주거침입등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of six million won) declared by the court below is too unhued and unreasonable.

2. The judgment of the court below seems to have committed the crime of this case in a planned manner, and there are circumstances such as the fact that the crime of this case was not good quality and that the defendant did not agree with the victim. However, the defendant's mistake is recognized. The defendant knew that there was no victim in the victim's residence before the crime of this case before the crime of this case, and intrudes upon the above residence immediately after the victim knew that there was no victim in the victim's absence, and the defendant seems to have come out of the above residence. The defendant does not seem to have the purpose of preventing any more severe crime except for larceny. The defendant did not have any criminal record and suspended execution, and all other circumstances, such as the defendant's age, character and behavior, circumstances and contents leading to the crime of this case, and the sentencing conditions indicated in the records after the crime of this case, are considered to be unfair because the sentence of the court below is too un

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

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