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(영문) 창원지방법원 2017.01.12 2016노2012
특수건조물침입등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The defendant asserts that, with respect to the punishment of the original judgment (two years of suspended sentence, three years of suspended execution, one hundred and sixty hours of community service, confiscation) of the original judgment, the defendant is too unfasible, and the prosecutor is too unfasible and unfair.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect the sentencing of the first instance court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). There is no particular difference in the conditions of sentencing between the lower court and the lower court, and in full view of the reasons for sentencing as stated by the lower court, including the motive, means and consequence of the instant crime, the circumstances after the crime was committed, and the criminal record, the lower court’s sentencing was too heavy or unhued, thereby exceeding the reasonable scope of discretion.

Therefore, the defendant and the prosecutor's argument are without merit.

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

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