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(영문) 대전지방법원 2019.09.11 2019노105

건조물침입

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (1.5 million won of fine) is too unreasonable.

2. The fact that the defendant was committed in the course of the trial and is against the time of the crime, and that there is no record of criminal punishment except for the previous conviction of the fine and one time, is the circumstances favorable to the defendant.

After the defendant intrudes into the victim's house, the defendant out of the house and changed the identification number to the present door so that the person with the right to residence could not enter the house, and the fact that the defendant did not receive the letter is disadvantageous to the defendant.

In full view of the aforementioned circumstances and other factors, including the motive, means, and consequence of the crime, and the circumstances after the crime, etc., the sentencing of the lower court cannot be deemed to have exceeded the reasonable scope of discretion because the sentencing of the lower court is too unreasonable.

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