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(영문) 춘천지방법원 2015.02.04 2014노841
주거침입등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had a weak or lost ability to discern things or make decisions under the influence of alcohol at the time of each of the instant crimes.

B. The sentence imposed by the court below on the defendant is too heavy or unhued and unfair.

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the assertion of mental and physical disorder, it is deemed that the Defendant was unable to discern things or make a decision under the influence of alcohol at the time of each of the crimes of this case, in view of the circumstances leading to each of the crimes of this case, the method and method of the crimes of this case, and the circumstances after the crime, etc., and thus, it does not seem that the Defendant had a weak or lost ability to discern things or make decisions. Therefore, this part of the

B. Although the defendant committed each of the crimes in this case without being aware of the fact that he committed the crime in this case without being aware of even during the period of suspension of execution, the defendant did not reach an agreement with the victim of the crime in this case until the party is in the trial, there are circumstances that may be somewhat taken into account the circumstances leading to the crime in this case when he committed each of the crimes in this case, and the defendant deposited certain money for the victimized police officers in the court below, and received a letter from the victimized police officers for the purpose of committing the crime in this case, and the damaged police officers want to go against the defendant's wife's wife. If the imprisonment in this case is finalized, the above suspension of execution should be invalidated and the sentence should be imposed until the imprisonment (eight months) is executed, and considering the various conditions of sentencing indicated in the records, such as the defendant's age, character and behavior, environment, etc.

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