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(영문) 울산지방법원 2018.09.06 2018노598

주거침입등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (four months of imprisonment) is too unreasonable.

2. The circumstances favorable to the Defendant include the following: (a) the Defendant stated that each of the instant crimes was recognized and against the victim; (b) the victims do not want the Defendant’s punishment; and (c) the physical health did not have good condition.

The Defendant has been punished for violence-related crimes. The content shows that the Defendant’s use of violence or interference with his/her duties under the influence of alcohol shows that he/she could not control the excessive violent inclination and impulse while under the influence of alcohol. The Defendant was sentenced two times during the period of suspension of execution due to interference with his/her duties (a disposition not to institute a prosecution against assault) and a fine once, and even during the period of suspension of execution, he/she was sentenced to a criminal prosecution (a disposition not to institute a prosecution against assault) and a fine once, which is sentenced on two occasions during the period of suspension of execution, is remarkably lacking in compliance awareness,

In light of the above favorable circumstances, including the defendant's age, sexual conduct, environment, family relationship, motive, means, consequence, etc. of the crime, all the sentencing conditions and the sentencing guidelines stated in the arguments and records of this case, including the circumstances after the crime, and the scope of the recommended punishment [in the case where: (a) the mitigation area (including February to October) of the mitigated area; (b) the special mitigated person: (c) or considerable damage has been restored, the crime of intrusion upon residence is not recognized to be unfair because the sentence imposed by the court below is too large.

3. 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.