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(영문) 부산지방법원 2018.01.25 2017노4520

주거침입

Text

The defendant's appeal is dismissed.

Reasons

The sentence of the court below (one year and four months of imprisonment) against the defendant in summary of the grounds for appeal is too unreasonable.

Judgment

The normal conditions favorable to the defendant are recognized, such as the confession of the crime of this case by the defendant, against the mistake, etc.

However, the crime of this case was committed in violation of the victim's apartment by impairing the victim's apartment in the role of delivering the staff of the scam crime, and thereby impairing the actual peace of the occupants of the apartment. In light of the circumstances and contents of the crime, in our criminal litigation law, which takes the trial-oriented principle and the direct principle, there is no change in the conditions of sentencing compared with the first instance court, and the first instance court's sentencing does not go beyond the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015), it is reasonable to respect it if the first instance court's sentencing does not change in the conditions of sentencing and the first instance court's sentencing does not go beyond the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015).

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no ground for appeal by the defendant. It is so decided as per Disposition.