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(영문) 수원지방법원 2018.06.19 2018노92
야간주거침입절도미수등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor of the facts, the court below found the defendant guilty of the facts charged on August 29, 2017, on the ground that the defendant stolens one million won from the victim's wall on August 29, 2017, and on September 1, 2017, the defendant infringed upon the victim's house for the purpose of theft of clothes belonging to the victim's house.

B. The sentence of the lower court’s unfair sentencing (eight months of imprisonment, one year of suspended sentence, one year of protection observation, and 80 hours of community service order) is too uneased and unreasonable.

2. Determination

A. The court below erred by misapprehending the facts, the evidence submitted by the prosecutor alone is sufficient to support the defendant from the victim's wall to one million won.

In addition, it has been proved that he stolens and that the defendant invadeds upon the victim's residence with a view to stealing clothes.

On the ground that it is difficult to see this part of the charges, it was acquitted.

According to the records, the above judgment of the court below is just, and the prosecutor's allegation in this part is without merit.

B. There is no change in the terms and conditions of sentencing compared with the original judgment as the new sentencing data has not been submitted in the unfair sentencing court. In full view of all the reasons for sentencing as stated by the lower court, it is not recognized that the lower court’s sentencing was too unfied and exceeded the reasonable scope of discretion.

Therefore, the prosecutor's assertion on this part is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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