Cases
2017No1305 A. Violation of the Punishment of Violences, etc. Act (joint residence intrusion)
(b) Violation of the Punishment of Violences, etc. Act (common property damage, etc.);
Defendant
1. A. (b) Domi*
2. A. b. Naice*
Appellant
Defendants
Prosecutor
Kim* (prosecutions), this** (Public Trial)
Defense Counsel
Attorney Jeong-chul* (Korean War for the Defendants)
Judgment of the lower court
Seoul Eastern District Court Decision 2017 High Court Decision 2017 High Court Decision ** Decision 2017
Imposition of Judgment
November 9, 2017
Text
All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
The sentence against the Defendants of the lower court (each of four months of imprisonment, confiscation) is too unreasonable.
2. Determination
The Defendants were committed in the course of committing the crime, and the Defendants were able to refrain from committing the crime again. However, in view of the nature of the crime of this case, which committed the crime of this case, which was committed by the Defendants with the length of more than 10 meters over two times, and where the electric trains were unable to be operated during the repair period, the nature of the crime of this case is not less weak, and the damage caused by this case was not recovered. The Defendants had been sentenced to imprisonment for the same crime in England, and all the sentencing conditions indicated in the arguments of this case, including the age, character and conduct, and environment of the Defendants, the sentence of the lower court is too unreasonable.
3. Conclusion
Therefore, the defendants' appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendants' appeal is without merit. It is so decided as per Disposition.
Judges
Judges Kim Jong-tae
Judges Naaphn
Judges Lee Enuri