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(영문) 부산지방법원 2015.04.09 2014노4475
건조물침입등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (one million won of fine) is too unreasonable.

2. The fact that the defendant recognized all of the instant crimes and agreed with the victim is favorable to the defendant.

However, not only has the record of having been punished for the same crime, but also the court below has given the defendant's economic condition to reduce the fine of two million won that was issued in the summary order to one million won, taking into account the fact that there is no change of circumstances that may be considered in the sentencing from the court below to the court below, and in addition, considering the defendant's age, health condition, motive and background of the crime, means and result of the crime, the circumstances after the crime, etc., the punishment imposed by the court below is too heavy.

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

[However, pursuant to Article 25 (1) of the Rules on Criminal Procedure, Article 319 of the Criminal Act (the point of entry into a building) shall be corrected to "Article 319 (1) of the Criminal Act (the point of entry into a building)" in the application of the law of the judgment of the court below pursuant to Article 25 (1) of the Rules on Criminal

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