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(영문) 전주지방법원 2016.11.11 2016노933
주거침입등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of 4 million won) of the lower court is too unhued and unreasonable.

2. The crime of this case is an unfavorable circumstance to the Defendant, on the following grounds: (a) the Defendant driven albane while under the influence of alcohol by 0.114%; and (b) the Defendant was sentenced to four months of imprisonment for the purpose of obstruction of performance of official duties in the Jeonju District Court’s Support on April 1, 2014; (c) the Defendant committed the crime of this case on June 16, 2014 after the execution of the sentence was completed; and (d) the Defendant’s blood alcohol concentration level was relatively high to 0.114% at the time of detection; and (c) the Defendant’s blood alcohol concentration was relatively high to 0.114% at the time of detection.

On the other hand, the fact that the defendant partially recognized the crime of this case and reflects the mistake, that the victim does not want the punishment of the defendant, that the distance of drunk driving is shorter than 10 meters, that there is a disability of class 5, that is, there is no economic situation as a recipient of basic living security, and that neighboring residents of the defendant want the defendant's preference.

In full view of the aforementioned circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, character and conduct, and environment, etc., as seen above, the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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