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(영문) 대구지방법원 2018.08.16 2018노2240
주거침입등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment below held that the defendant committed each of the crimes of this case during the period of repeated crime, the defendant had a large number of criminal records of violence in the previous year, which led to violence, and the defendant committed the crime of this case repeatedly against the victim who was the previous wife in drinking mainly. The defendant lacks social ties, is highly likely to continue drinking which caused the problem, and thus, the risk of recidivism seems to be considerably high. Thus, the court below sentenced the above punishment in consideration of the above circumstances, considering the fact that it is judged that it is necessary to isolate the defendant from the victim and society for a considerable period of time.

In full view of the fact that there is no change of circumstances in the lower court’s sentencing in addition to the circumstances considered by the lower court, and all other conditions of sentencing, including the Defendant’s age, sex, environment, background leading up to the commission of the offense, means and consequence, scale of the offense, and circumstances after the commission of the offense, it cannot be deemed unfair for the lower court to have exceeded, or maintain, the reasonable bounds of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the above assertion by the Defendant is without merit.

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

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