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(영문) 서울중앙지방법원 2015.12.15 2015노4118
퇴거불응등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (2.5 million won of a fine) is too unhued and unreasonable.

2. Although there are circumstances unfavorable to the defendant, such as that the nature of each of the crimes of this case in determining the grounds for appeal of this case is not easy, and that the defendant has been punished several times for the same or similar crimes, the court below seems to have determined the punishment in consideration of all of these factors, and there are no circumstances to change the sentencing of the court below in the trial.

The defendant committed the crime of this case and misunderstandings his mistake, the circumstances leading to the crime, and the necessity of the withdrawal.

In full view of various circumstances revealed in the records and arguments of this case, such as the time of failure to comply with the Gu, the age, career, character and conduct, environment, family relationship, means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the court below is too uneasible and unreasonable.

Therefore, prosecutor's assertion is not accepted.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.

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