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(영문) 수원지방법원 2019.04.26 2019노50

주거침입등

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

There is no fact that she has lost the head of the victim of mistake of facts, or that there is no fact that the victim threatens the victim with a knife, or has pushed down the victim.

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

Judgment

According to the evidence duly adopted and examined by the court below, since the defendant can recognize the fact that the kitchen kn's house was danced on the part of the victim, and the escaper was the victim, this part of the defendant's assertion is without merit.

The Criminal Procedure Act, which takes the principle of trial-oriented and directness of unfair sentencing, has its own territory of the first instance court with respect to the determination of sentencing, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). There is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted at the trial court. In full view of all the reasons for sentencing indicated in the record of the instant case, the lower court’s sentencing is too remote, and thus, cannot be deemed to have exceeded the reasonable scope of discretion.

This part of the defendant's assertion is without merit.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because it is groundless.