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(영문) 서울남부지방법원 2017.02.09 2016노1961

주거침입등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant was living together after the discharge, and there are circumstances that may be considered in light of the circumstances, the victim F’s damaged goods have been restored, and the Defendant continued to agree with the victims, in light of the fact that the Defendant was living conditions after the discharge, and that the Defendant committed each of the instant crimes, and that the Defendant was able to reach an agreement with the victims, the sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

2. The Defendant committed each of the instant crimes, which constitute a repeated crime, before the lapse of six months after he/she was serving and released from prison due to robbery.

In addition, according to the records and arguments of this case, including the Defendant’s age, sex, environment, motive, means and consequence of the crime, criminal records, etc., and the reasons for sentencing of the lower judgment, considering the various circumstances asserted by the Defendant on the grounds of appeal, the lower court’s punishment is too unreasonable, even if considering the circumstances alleged by the Defendant on the grounds of appeal.

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.