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(영문) 서울북부지방법원 2017.12.21 2017노2116

주거침입

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The main reason for appeal is that the sentence (six months of imprisonment) imposed by the court below on the defendant is too unreasonable.

The above-mentioned sentence of the court below's order against the defendant is too unhued and unfair.

Under the judgment on the reasons for appeal, the defendant and the prosecutor's improper arguments are also examined.

In light of the circumstances that are favorable to the defendant, such as the fact that the defendant recognized the crime of this case and is against the defendant, and the fact that the defendant had been punished several times due to larceny, etc., as well as other circumstances that are the conditions for sentencing specified in the records, such as the motive and background leading up to the crime of this case, the circumstances before and after the crime of this case, the defendant's age, sexual conduct, environment, occupation, family relation, etc., the punishment imposed by the court below cannot be deemed to be too heavy or unreasonable, and thus, each unfair argument for sentencing committed by the defendant and the prosecutor is without merit.

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