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(영문) 광주지방법원 2017.10.24 2017노479
주거침입등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal (public prosecutor) is too unfluent and unreasonable.

2. According to the records on the Defendant’s appeal, the Defendant filed an appeal against the lower judgment on January 19, 2017, and received notice of receipt of the records of trial from the lower court on February 10, 2017, but failed to submit the statement of reason for appeal within 20 days, which is the period for submitting the statement of reason for appeal prescribed in Article 361-3(1) of the Criminal Procedure Act, and the petition of appeal does not contain any indication of reason for appeal and does not contain any reasons for ex officio examination even after examining the records. Thus, the Defendant’s appeal is not accompanied by law.

3. As to the reasons for the prosecutor’s appeal, the Defendant not only invaded upon the home of the female, but also assaulted the husband of the female, thereby not being able to have the nature of the crime committed.

However, the defendant deposited KRW 500,000 for the victims, made efforts to recover the damage, had no record of being punished in excess of the fine, and has no record of being punished for the same crime.

In addition, considering the various circumstances, such as the Defendant’s age, sex, environment, motive, method, and consequence of the crime, as shown in records and pleadings, the lower court’s punishment is only within the scope of reasonable discretion, and is not recognized to have reached the degree of undueness because it is too unfasible.

Therefore, prosecutor's assertion is not accepted.

4. In conclusion, the defendant's appeal is unlawful, and pursuant to Articles 361-4 (1) and 361-3 (1) of the Criminal Procedure Act, the prosecutor's appeal is without merit, and it is all dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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