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(영문) 수원지방법원 2017.09.15 2017노4458

주거침입등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. There are extenuating circumstances for the defendant, such as the fact that the defendant recognized the crime of this case and repented his mistake, and that there is a woman to send the child support to the defendant.

However, the instant crime committed by the Defendant intrudes upon the residence of the victim and threatens the victim, and even if the Defendant was investigated by the police on March 22, 2017 by committing a crime of intrusion upon the residence of the victim, the nature of the instant crime is not weak, in that it committed a crime of intrusion upon the residence of the victim, even though he was under investigation by the police, and even though he did not find the victim in the future, such crime is committed, and the victim and his children caused considerable anxiety due to the instant crime, and the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for the period of 8 months on October 14, 2016, and without care, committed the instant crime.

In light of the above circumstances, considering various circumstances, including the Defendant’s age, sex, environment, relationship with the victim, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the lower court’s punishment is deemed appropriate and it cannot be deemed unfair because it is too heavy or unfasible.

3. According to the conclusion, since all appeals filed by the defendant and the prosecutor are without merit, they are all dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.