beta
(영문) 서울북부지방법원 2018.03.30 2017노2437

주거침입

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (amounting to KRW 5,00,000) is deemed unreasonable as it is excessively unhued.

2. The crime of this case was committed by the victim with a view to stealing the female living together with his or her body during his or her drone time, and the nature of the crime is very poor.

Furthermore, the Defendant was sentenced to a fine once for the same type of crime and a punishment once for the suspended sentence, and even though it was still under the suspended sentence, the Defendant again committed the instant crime.

Therefore, although the defendant should be punished with severe punishment corresponding to that of the defendant, the defendant's wife and family members, including the defendant's wife, wanting to take care of and guide in preventing recidivism against the defendant, and the victim does not want the defendant's punishment. In full view of the defendant's age, sexual behavior, environment, circumstances and result of the crime of this case, various sentencing conditions as shown in the argument of this case, such as the defendant's age, sexual behavior, and environment, circumstances after the crime, etc., are considered as being too unjustifiable and unfair.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.