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(영문) 창원지방법원 2015.03.12 2014노2271
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The prosecutor of the gist of the grounds for appeal asserts that the sentence imposed by the court below (one year of suspended sentence in six months of imprisonment) is too unfluent and unfair.

2. The crime of this case is acknowledged that the Defendant: (a) removed the pents of the material site of the construction of the power line in Yangyang-si, and damaged the Defendant; and (b) intrudes the structure into the pents, thereby interfering with the construction of the victim corporation, thereby hindering the work of the dongyang Construction; and (c) the Defendant has already been punished twice due to the same kind of crime.

However, in light of the following: (a) the Defendant’s mistake was recognized in the first instance trial; and (b) the Defendant deposited KRW 500,00 in order to recover damage from Dongyang Construction Co., Ltd., the Defendant was considered as favorable to the Defendant; and (c) there is no special circumstance or circumstance that may be newly considered in sentencing after the sentence of the lower judgment; and (d) the Defendant’s age, character and behavior, environment, motive and background of the offense, means and method of the offense; and (e) circumstances that form the conditions for sentencing as indicated in the argument and the record of the instant case, such as the circumstances after the crime

3. The appeal by the prosecutor of the conclusion is dismissed on the grounds that the appeal is without merit. It is so decided as per Disposition.

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