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(영문) 의정부지방법원 2014.04.03 2013노2151
건조물침입등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (a fine of five million won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.

2. The fact that the defendant had been sentenced nine times to a previous offense against the defendant, and that there was seven times of past punishment among them, the crime of this case also appears to be dangerous in that the defendant committed a repeated crime, and repeated intrusion on the residence or managed structure of another person. However, in light of all the sentencing conditions in the records of this case such as the defendant's age, character and behavior, environment, and circumstances after the crime, the sentence of the court below against the defendant is too heavy or too unreasonable in light of all the sentencing conditions in the records of this case, such as the defendant's age, character and behavior, environment, and circumstances after the crime.

3. If so, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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