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(영문) 대구지방법원 2021.03.05 2020노4366
퇴거불응
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence (one million won penalty) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The Defendant, along with the victim, etc., expressed a desire or threat to the victim, etc., while drinking at the victim’s home while drinking in a minor dispute while drinking at the victim’s house, and the Defendant, upon receiving a report from the victim, took a way to take measures until the police officer dispatched after receiving the report from the victim arrives, is not good enough to commit such crime.

In the past, it has been punished several times for the same crime such as intrusion on residence, damage to property, obstruction of business, assault, etc. (including three times the suspension of the execution of imprisonment with labor).

However, it shows the attitude that the crime is properly led to the confession of the crime and his mistake.

The court below sentenced the above punishment against the defendant in consideration of the above favorable or unfavorable circumstances to the defendant.

In addition, even if the materials submitted in the trial of the party are considered, there is no meaningful change in the conditions of sentencing compared with the court below.

In addition, considering the defendant's age, sex, intelligence and environment, health and property status, family relation and social ties, degree of damage, relationship with the victim, motive, means and consequence of the crime, etc., the sentencing of the court below is not deemed to be unfair because it excessively goes beyond the reasonable scope of discretion.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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