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(영문) 수원지방법원 2014.09.25 2014노2115
주거침입
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s punishment (the grace period of a fine of KRW 700,00) is too unfilled and unreasonable.

2. In full view of all the circumstances, including the fact that the Defendant led to the confession and reflect of the instant crime, the Defendant appears to have committed the instant crime under the influence of alcohol, and that the Defendant was hospitalized at a hospital due to current alcohol addiction, and that there was no particular criminal history other than the punishment of fines twice for this type of crime, and the Defendant was sentenced to a fine due to the crime of intrusion upon residence after the instant crime, but the Defendant was sentenced to a fine due to the crime of intrusion upon residence, etc., which are considered not to be considered in the instant case after the instant crime was committed, and the lower court’s punishment is deemed to be appropriate, and thus, the Prosecutor’s assertion is rejected.

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

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