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(영문) 서울서부지방법원 2015.10.16 2015노818
주거침입등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the prosecutor’s appeal grounds (e.g., imprisonment with prison labor for up to two years, probation) declared by the court below is too uneasible.

2. The fact that the defendant has been punished for the same offense several times, and that the defendant has not endeavored to recover from damage is disadvantageous to the defendant.

However, the Defendant’s confessions and reflects all of the crimes, and substantial damage to the victims due to recovery of a considerable number of damaged articles was done in apartment corridor, which is not an indoor residential space of the occupants. As such, in light of the time and location characteristics of the crime, the risk of large-scale crimes was relatively low, considering the Defendant’s economic situation, criminal records, etc., giving the Defendant an opportunity to engage in probation rather than being isolated from society, rather than being desirable for the Defendant’s individual, it is more favorable to the Defendant. In full view of the following circumstances: (a) the Defendant’s age, character, character, environment, family relationship, motive and circumstance of the crime; and (b) the scope of sentencing guidelines as well as the scope of sentencing guidelines [the scope of sentencing guidelines as indicated in the argument of the instant case, such as the age, character, environment, family relationship, motive and circumstance after the crime, etc., (c) the mitigated category No. 4 (i.e., theft of general property) (iii) mitigated area (type 4).

The prosecutor's above assertion is not accepted.

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

However, it is obvious that the “Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc.” in Part 3 of the judgment below is a clerical error in the “Article 62-2 of the Criminal Act”. Thus, it is ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure.

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