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(영문) 의정부지방법원 2020.09.18 2019노2899
주거침입
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. The judgment has the record of being punished for the same crime, and the fact that the defendant committed the crime during the suspended execution period due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. that is disadvantageous to the defendant, but against the defendant's recognition of the crime in this case, the defendant does not want the punishment of the defendant, the defendant appears to have been detained in this case after the release of the defendant, and the defendant seems to have been endeavoring to treat the perjury, and there is no change in the sentencing conditions compared with the judgment of the court below, and in light of the sentencing conditions as shown in the arguments in this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., the sentence imposed by the court below is too unreasonable.

Therefore, the prosecutor's above assertion is without merit.

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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