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(영문) 서울남부지방법원 2013.04.12 2013노138
폭력행위등처벌에관한법률위반(공동주거침입)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s sentence of KRW 500,00 (the suspended sentence of a fine) is too unhued and unreasonable.

2. In full view of the following facts: (a) the Defendant entered into a designated door through which the Defendant had already opened; (b) the Defendant did not plan or lead the event of a desired bus, but appears to have participated in the assembly in a peaceful manner; and (c) the Defendant has participated in the assembly in a peaceful manner; and (d) the Defendant’s full recognition of the instant crime; and (b) other factors of sentencing as indicated in the instant records and arguments, such as the Defendant’s age, character and conduct, environment, motive and circumstance after the commission of the crime, etc., the lower court’

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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