(영문) 대전지방법원 2017.08.10 2017노909 | 리걸엔진

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(영문) 대전지방법원 2017.08.10 2017노909

주거침입

Text

The judgment below

Part concerning the second crime in the judgment shall be reversed.

A defendant shall be punished by imprisonment for six months.

except that this judgment.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below (the first crime in its holding: exemption from punishment, and the second crime in its holding: fine of 5 million won) is too unhued.

2. Determination

A. As to the crime No. 1 in the holding, the lower court determined a punishment within a reasonable scope by fully taking into account all the circumstances regarding the sentencing of the Defendant, and there are no circumstances to be newly considered in the trial. Therefore, even considering the circumstances asserted by the prosecutor on the grounds of appeal, the sentence for the crime No. 1 in the holding of the lower court is too unfasible and unreasonable.

B. As to the crime No. 2 as indicated in the holding, the fact that the defendant is starting the crime of this case, the crime of this case appears to have been caused by the mental illness of the defendant, and efforts to treat it is favorable to the defendant.

However, the defendant has been punished three times for the same crime, re-offending during the period of probation, the victim's damage has not been recovered, and even though the defendant is making efforts to treat mental illness which appears to be the main cause of the crime,

Even if it seems necessary to observe the continuous protection of the protective observation office for the prevention of recidivism and the correction of character and conduct of the accused, taking into account the various circumstances, including the Defendant’s age, environment, sex behavior, motive of the crime, and circumstances before and after the crime, etc., the sentence of the court below for the crime No. 2 in its holding is too unfasible and unfair.

3. In conclusion, the prosecutor's appeal against the second crime in the judgment of the court below is with merit. Thus, pursuant to Article 364 (6) of the Criminal Procedure Act, the part of the judgment of the court below as to the second crime in the judgment of the court below is reversed and it is again decided as follows. The prosecutor's appeal against the first crime in the judgment of the court below is without merit and it is dismissed in accordance with Article 364 (4) of the Criminal

[Judgment of the court below]

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