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(영문) 대구지방법원 2016.09.23 2016노2726
주거침입등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year and two months of imprisonment) on the summary of the grounds of appeal is deemed to be too unhued and unreasonable.

2. In light of the following facts: (a) the Defendant had a criminal record of multiple larcenys and frauds; (b) the Defendant committed the instant crime during the repeated offense period due to the commission of larcenys, etc.; (c) the Defendant is recognized as having not recovered from damages; (d) the Defendant recognized all the instant facts charged; (b) the total amount of damages incurred from the instant crime was not 2.92 million won; (c) the Defendant suffered from mental illness, such as mental disorder; (d) the Defendant was suffering from mental disorder such as mental disorder; and (e) the Defendant’s age, sexual behavior, environment, etc., and all of the sentencing conditions indicated in the instant records and arguments, the Prosecutor’s assertion is without merit, on the grounds that the lower court’s punishment is too uneasible and unreasonable.

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.

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