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(영문) 서울고등법원 2019.05.09 2019노252

방실침입등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The lower court determined: ① The instant crime was committed by the Defendant under the influence of alcohol, and repeated the act of intimidation or exercising force against the victim C who made a statement of damage in connection with the investigation of his criminal case; ② as the victim G, who is an employee of convenience store without any particular reason, in light of the background and content of the crime; the crime was not good in light of its nature; the Defendant had been punished several times for the crime, such as violence and obstruction of business; and the Defendant committed the instant crime on March 16, 2018 without being aware of the fact that he was sentenced to two years of suspension of execution on March 16, 2018, and was under suspension of execution; ② the Defendant did not make any effort to recover damage; ② the Defendant was aware of the instant crime; and ② the degree of intimidation against the victims; ③ the Defendant’s age, character and behavior; and the motive and motive of the Defendant’s imprisonment with prison labor on all the following factors; and ③ the Defendant’s motive and motive for the crime; and the Defendant’s punishment was determined in full view of all the circumstances and motive of the crime.

In full view of the factors and guidelines for sentencing expressed in the sentencing review process of the lower court, the lower court’s determination of sentencing is not deemed to have exceeded the reasonable bounds of its discretion.

Furthermore, the grounds for unfair sentencing asserted by the defendant and the prosecutor in this court are the circumstances that the court below had already taken into account the defendant's punishment while determining the defendant's punishment, and were presented during the sentencing hearing of this court.