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(영문) 서울남부지방법원 2019.06.20 2017노2686

주거침입

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment imposed by the lower court (three million won of a fine) is too unreasonable.

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

2. As a result of the instant crime, the victim was under significant mental impulse and was under mental treatment, and the degree of damage is not weak.

On the other hand, the defendant seems to have led to the confession of facts charged against the victim and to seriously reflect the victim's mental harm.

The defendant shall not have any other penalty power, except for a fine imposed once in violation of the Building Act.

In addition, comprehensively taking into account the following circumstances, such as the Defendant’s age, character and conduct, motive and background of the offense, and circumstances after the offense, etc., the sentencing of the lower court cannot be deemed as excessively heavy or unreasonable because it goes beyond the reasonable discretion.

The defendant and prosecutor's assertion of unreasonable sentencing are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.