(영문) 부산지방법원 2020.04.21 2020노396 | 리걸엔진

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(영문) 부산지방법원 2020.04.21 2020노396

폭력행위등처벌에관한법률위반(공동주거침입)등

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All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Of the facts charged of mistake of facts and misapprehension of legal principles, in the case of the crime of special larceny against the victim C, the defendants committed the actual theft is limited to galms and reflectors, and there was no theft against the victim alms and alms.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged. In so doing, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment, and one year and eight months of imprisonment) is too unreasonable.

2. Determination

A. 1) Determination of mistake of facts and misapprehension of legal principles: (a) the Defendants asserted the same purport as the reasons for appeal in the original instance; and (b) the lower court, under its title, “the judgment of the Defendants and their defense counsel’s argument”, reviewed the above argument in detail. In comparison with the judgment of the lower court, the lower court’s determination is just and acceptable, and there is no error of misunderstanding of facts or misunderstanding of legal principles as alleged by the Defendants, and there is no ground for misunderstanding of facts or misunderstanding of legal principles.

B. According to the records on the assertion of unfair sentencing, the court below set the punishment within the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court, taking into account the following factors: (a) the poor nature of the crime was committed in light of the course and method of the crime; (b) the history of punishment for the same kind of crime was several times; (c) the defendant A committed the crime of this case again during the repeated crime period; (d) the damage was not recovered in the case of the defendant A; (e) some mistakes were divided and reflected in the case of the defendant B; (e) some mistakes were divided and reflected in the case of the defendant B; and (e) the victim deposited KRW 3.5 million for the victim C without wanting to be punished by the defendant; and (e) the court below set the punishment within the scope

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