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(영문) 청주지방법원 2020.06.05 2019노1057
주거침입
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the suspension of sentence on fines (500,000 won) imposed by the court below on the defendant is too unhued and unreasonable.

2. The crime of this case committed by the victim was committed against the victim's will, before the victim was divorced by confirming the status of the victim's child, and the victim applied for prohibition of access to the defendant thereafter, and admitted to the protection facility. It seems that the mental shock caused by the crime of this case was not significant.

However, considering the following as a whole: (a) there is a reason to consider the motive for committing a crime; (b) there is no criminal conviction exceeding a fine; and (c) the Defendant’s age, character and conduct, environment, motive and means of committing a crime; and (d) various conditions of sentencing indicated in the arguments and records, such as the motive and means of committing a crime; and (b) the Defendant’s compliance with the period of suspension of sentence can be deemed as having the effect

3. In conclusion, the prosecutor's appeal 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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