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(영문) 인천지방법원 2020.09.10 2019노4373
주거침입
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence (5 million won of a fine) imposed by the lower court against the Defendant is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. The defendant, who made a confession of the crime of this case, is repented, and has no record of criminal punishment.

On the other hand, the victim is punished for the defendant.

In full view of the aforementioned circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and other circumstances that form the conditions for the sentencing as indicated in the instant case, it cannot be deemed that the lower court’s sentence is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

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

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