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(영문) 대구지방법원 2020.12.24 2020노3209

방실침입등

Text

The defendant's appeal is dismissed.

Reasons

1. The court below's scope of judgment in this Court was dismissed for the use of violence among the facts charged in this case, and sentenced for conviction for the remaining facts charged, and the part of the court below's dismissal of prosecution in this case where only the defendant appealed for the conviction was finally affirmed. Thus, only the part of the judgment below's conviction is subject to judgment

2. The sentence of 10 months sentenced by the court below to the summary of the grounds for appeal is too unreasonable.

3. The judgment of the court below is recognized that the defendant recognized the facts charged of this case and reflects his mistake, that the defendant agreed with the victims, that the degree of injury suffered by the victim G is not much severe, but in light of the content and frequency of the crime, etc., the defendant's liability for the crime of this case is not minor. The defendant committed the crime of this case again during the suspended execution period due to the same crime, that the defendant committed multiple criminal offenses including three times of suspended execution of imprisonment due to violence, and that there are several criminal offenses including the defendant's age, character and behavior, environment, family relationship, and all of the sentencing conditions specified in the records and arguments, such as the defendant's age, character and behavior, family relation, and circumstances after the crime, it is not recognized that the sentence of the court below is too unreasonable.

4. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.