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(영문) 서울북부지방법원 2019.10.10 2019노1136
주거침입등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had not recruited the instant crime with the employees of Bosing phishing and had been unaware of the guidance for the crime of Bosing phishing. Therefore, the Defendant did not have the intention to infringe upon his residence or to save property.

Nevertheless, the court below found the defendant guilty, and there is an error of law by misunderstanding the facts.

B. The lower court’s sentence on the Defendant is too unreasonable.

2. Determination on the grounds for appeal

A. As to the assertion of mistake of facts, the Defendant also asserted the same purport as the grounds for appeal, and the lower court did not accept the Defendant’s assertion on the following grounds: (a) on the grounds of the circumstances in its holding, under the mutual recognition of the fact that the Defendant was involved in the crime of Bosing, the Defendant could sufficiently recognize that the Defendant was involved in the crime by combining his/her name misscis and the persons who died in

Even if the reasoning of the judgment of the court below is reviewed in light of the records, the judgment of the court below is just and it does not seem that there is an error of law by mistake of facts.

Therefore, this part of the defendant's argument is without merit.

B. As to the assertion on unfair sentencing, the lower court, based on its stated reasoning, determined the Defendant’s punishment. In full view of the circumstances stated by the lower court and other various sentencing conditions, the lower court’s punishment is too unreasonable.

Therefore, this part of the defendant's assertion is without merit.

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

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