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(영문) 인천지방법원 2020.07.23 2020노970

주거침입

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the court below on the defendant (a prison term of eight months and confiscation) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. Although the Defendant led to the confession of the instant crime while committing a repeated crime, considering the following circumstances: (a) even during the period of repeated crime, the Defendant left the instant crime; (b) the victim was punished against the Defendant; and (c) the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (b) other circumstances constituting the sentencing conditions as indicated in the instant case, such as the circumstances after the commission of the crime, it cannot be deemed that the sentence imposed by the lower court is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

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