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(영문) 청주지방법원 2018.07.19 2018노248
주거침입등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s sentence [the suspended sentence (the amount of penalty 3,000,000,000 won per day)] is too unfeasible and unreasonable.

2. The lower court, on the grounds indicated in its reasoning, determined the above punishment against the Defendant, and based on the fact that there was a record that the Defendant had been subject to juvenile protective disposition several times due to violent crimes in light of the background and attitude of the crime in this case, etc., the circumstances alleged in the judgment of the lower court that the Defendant had already been sentenced to punishment at the lower court, and that the Defendant had already submitted a written application for the sentencing unfavorable to the Defendant in the trial, including not only the Defendant agreed with the victims, but also the fact that the victim G and E submitted the written application that the Defendant was the Defendant’s wife at the trial of the party, respectively, the lower court’s sentencing was too unfford and so the judgment of the lower court exceeded the reasonable scope of discretion.

shall not be appointed by a person.

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 prosecutor's appeal is without merit. It is so decided as per Disposition.

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