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(영문) 부산지방법원 2020.04.03 2019노2155
주거침입등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the lower court (two years, etc. of the suspended execution of eight months of imprisonment) to the gist of the grounds for appeal is deemed unfair;

2. The lower court determined the Defendant’s punishment by taking into account the favorable and unfavorable circumstances to the Defendant.

In full view of all the circumstances that serve as conditions for sentencing in this court, the judgment of the court below was judged to have exceeded the reasonable scope of its discretion, or there is no special change in circumstances that may change the sentence of the court below.

In addition, even if comprehensively considering the sentencing factors revealed in the proceedings of the instant case, such as the Defendant’s age, environment, background and consequence of the crime, the circumstances after the crime, etc., the sentencing of the lower court does not seem to have exceeded the reasonable scope of discretion because it is too unhued.

The prosecutor's assertion of unfair sentencing is without merit.

3. The prosecutor's appeal of conclusion 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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