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(영문) 울산지방법원 2018.12.20 2018노833

주거침입

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable, which is too unreasonable.

2. The defendant's confession of each of the crimes of this case and reflects his mistake, and the defendant was in an internal relationship.

D Due to the external roads, it has been at a risk of being divorced from a person who is her husband, and has intruded into the victim's residence twice in order to make a friend and use the friend, and there are some parts to be taken into account in the motive thereof. The fact that the defendant seems to be suffering from a small-scale and chronic depression and depression that the basic life recipient is a small-scale farmer, and the defendant suffers from a chronic depression.

However, each of the crimes of this case committed by the defendant while maintaining an internal relationship between D and D for about 10 months, and met with D, using each room with the victim, and intrudes the victim's residence two times. In other cases, even though one family was destroyed by the defendant's external appearance, it is not very good that the crime was committed again, and the defendant did not receive a letter from the victim, and considering all other circumstances that are the conditions for sentencing, such as the defendant's age, sex and behavior, environment, motive and circumstance leading to the crime of this case, the means and consequence of the crime, etc., the punishment imposed by the court below is too unreasonable.

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.