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(영문) 광주지방법원 2017.10.10 2016노4865
야간주거침입절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is too unhued and unreasonable.

2. The reasons for the judgment of the court below are appropriate, and there is no change in the conditions of sentencing in the trial compared to the court below, and the sentencing of the court below exceeded the reasonable scope of discretion.

In addition, considering the Defendant’s age, gender and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence of the lower court cannot be deemed to be unfair because it is too unreasonable, considering the conditions of sentencing specified in the instant argument, such as the circumstance after the crime.

Therefore, prosecutor's assertion is not accepted.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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