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(영문) 수원지방법원 2017.04.21 2016노6348
주거침입등
Text

The defendant's appeal is dismissed.

Reasons

1. Of the facts charged against the Defendant, the lower court found the Defendant guilty and sentenced a fine of KRW 3 million to the charge of intrusion, and sentenced the Defendant to dismiss the charge of assault.

However, since the court below's failure to file an appeal against intrusion upon a residence which the court below found guilty and ultimately dismissed the public prosecution is confirmed separately due to the lack of an appeal, only the remaining guilty part of the court below's judgment, excluding the dismissed part of the public prosecution, is subject to this court's

2. The reasoning for appeal is that the lower court’s punishment (3 million won in penalty) is too unreasonable.

3. In full view of the circumstances that are favorable to the defendant's confession and reflect, the fact that the defendant is living together with the victim, the fact that the victim agreed with the victim is highly likely to be punished for the same crime, the fact that the defendant did not know even during the period of repeated crime, and that the defendant committed the crime in this case without being aware of the circumstances after the crime, in light of the defendant's act, the defendant's age, sex behavior, motive for the crime, frequency of the crime, method of the crime, etc., the sentence of the court below that sentenced the fine is too unreasonable even during the period of repeated crime.

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

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