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(영문) 수원지방법원 2018.12.17 2018노4462

주거침입등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (eight months of imprisonment) is too unreasonable.

2. The fact that the defendant shows an attitude against the defendant's wrongness is favorable to the defendant.

On the other hand, the crime of this case was committed by finding the victim who had a relationship with one another at the time and entered through an open window on the victim's outer wall, and then intrudes the victim's residence, and subsequently assaulted the victim at the time. Furthermore, in light of the contents of each crime, circumstances of the crime, means of the crime, and the degree of the closeness of the time during which the crime committed each of the above crimes was committed, it is deemed that the crime was heavy, and there was no agreement with the victim or no other agreement with the victim to recover the damage.

In addition, the crime of this case is also committed during the period of suspension of execution due to the crime of this kind, and the criminal records of the defendant, such as criminal records of the same kind of violence

Considering the above circumstances favorable or unfavorable to the defendant, and the age, sex, environment, and all other conditions of sentencing as shown in the argument of this case, the sentence imposed by the court below is too unreasonable.

Therefore, the defendant's above assertion is without merit.

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