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(영문) 서울중앙지방법원 2013.12.19 2013노2540
건조물침입등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (two million won of a fine) is too unlimited and unfair.

2. There are extenuating circumstances such as that the Defendant’s decision on the grounds for appeal reflects the Defendant’s fault in depth, the economic situation is difficult, and the injury is relatively minor.

However, the court below issued a summary order of KRW 1.5 million and fine of KRW 1.5 million, respectively, but the court below held two cases to reduce the amount of fine of KRW 2 million by combining the two cases. In light of the following: (a) there is no change in special circumstances or circumstances that may be newly considered in sentencing after the judgment of the court below was rendered; and (b) other various circumstances that form the conditions of the argument and the record of the instant case, including the Defendant’s age, character and behavior, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime was committed, the Defendant’s assertion is not acceptable since the sentence imposed by the court below is excessively unreasonable.

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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