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(영문) 광주지방법원 2017.03.21 2016노2437
주거침입
Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below on the gist of the grounds of appeal is too unfilled and unreasonable.

2. As new data on sentencing have not been submitted at the trial of the judgment party, there is no change in the sentencing conditions compared with the judgment of the court below. Moreover, considering the following circumstances, such as the Defendant’s age, sexual conduct, environment, motive, consequence, etc., as shown in the records and arguments, the sentence of the court below is only within the scope of reasonable discretion, and it is not recognized that the sentence of the court below has reached the degree of undueness.

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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