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(영문) 제주지방법원 2018.01.18 2017노633

사기등

Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for a period of two years and three months.

Defendant .

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s punishment (two years and six months of imprisonment, confiscation) is too unreasonable.

B. Defendant B (1) In relation to the charge of the damage of property among the facts charged in this case, the Defendant only opened the doors while shaking the kitchen windows of this case, and the Defendant was broken by leaving the doors, so there was no intention to damage the property.

② Of the facts charged in the instant case, there was no fact that the Defendant entered the victim’s house, and there was no intrusion on the inside room through the inner window, and there was no fact that the Defendant opened and enters the gate as the key attached to the victim’s house gate and opened and enters the gate.

2) The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. It is recognized that Defendant A was sentenced to criminal punishment on several occasions due to the following facts: (a) Defendant A committed each of the instant offenses; (b) Defendant A was sentenced to imprisonment with prison labor for a year and ten months on November 12, 2015; and (c) Defendant A committed each of the instant offenses during the period of repeated crime after the execution of the sentence was completed on January 7, 2017.

On the other hand, Defendant A shows the attitude of recognizing and opposing each of the crimes of this case, and when Defendant A was in the first instance, it is recognized that the sentence imposed by the court below on Defendant A is somewhat unreasonable, taking into account all of the factors of sentencing, such as T, V, Z, AD, AG, AJ, N, ASS, AS, BF, and BC, that the above victims do not want punishment against Defendant A, and the age, sex, environment, motive and background of each of the crimes of this case, motive and method of each of the crimes of this case, and circumstances after the crime, etc., and all of the sentencing factors of this case and the trial are recognized as unfair.