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(영문) 부산지방법원 2019.09.26 2019노2068
주거침입등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (in fact-finding and unreasonable sentencing) did not infringe on the victim C’s residence or assault the victim.

The amount of punishment (3 million won of a fine) is unreasonable.

2. Determination

A. The victim made a statement that corresponds to the facts constituting the crime in the court below's decision on the assertion of mistake of facts.

The photograph of the victim attached to the investigation report (No. 1) shall support the victim's statement.

There is no error of law that affected the conclusion of the judgment by misunderstanding facts in the judgment of the court below which recognized that the defendant invadedd the victim's residence.

B. The lower court rendered a judgment maintaining a summary order on the assertion of unfair sentencing.

It seems that the circumstances of this case and the criminal facts of this case, together with the judgment, are considered to be equitable.

There is no change in sentencing elements in the appellate court.

Even if this court re-examines the sentencing factors and other factors of sentencing which are set forth in the sentencing criteria, the determination of the original sentence is inappropriate.

3. The appeal by the defendant is without merit.

The dismissal under Article 364 (4) of the Criminal Procedure Act is dismissed.

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