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(영문) 서울서부지방법원 2015.12.10 2015노1452
주거침입등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (2.5 million won of a fine) is too unreasonable.

2. The following facts are the circumstances favorable to the Defendant: (a) the fact that the Defendant recognized the crime and reflects the Defendant; (b) there are some circumstances to take into account the background of the crime; (c) there are no records of punishment exceeding the fine imposed on the Defendant; and (d) the Defendant’s health status is not good due to class 3 of language disorder; and (e) it seems difficult for the Defendant

However, the crime of this case is a situation unfavorable to the defendant, where the defendant conspired with C to damage the entrance and exit of 25 households owned by the victim, and intrudes into the residence by entering the entrance and exit of the 25 households owned by the victim. The crime of this case is not good in light of the method of crime or the attitude of the act, and there is no record of violence including the history of criminal punishment for the crime of causing property damage, and the defendant did not reach an agreement with the victim or to recover from damage.

In addition, considering the Defendant’s age, character and conduct, environment, means and consequence of the crime, circumstances after the crime, and various sentencing conditions shown in the pleadings, the lower court’s punishment cannot be deemed to be too unreasonable.

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

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