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(영문) 대전지방법원 2016.11.09 2016노2392
주거침입
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s punishment of KRW 2.5 million (a fine of KRW 2.5 million) is too unreasonable.

2. It is recognized that there are favorable circumstances, such as the fact that the Defendant, who was well aware of the victim’s reputation, seems to have somewhat weak perception of the instant crime, the degree of damage, the Defendant committed all the instant crime, and the fact that the Defendant could have been tried simultaneously with the previous conviction in the judgment of the court below.

However, in light of the circumstances leading up to the instant crime committed while under the influence of alcohol by intrusion upon the victim’s residence, the Defendant’s liability cannot be deemed to be less and less, and the Defendant did not agree with the victim.

In addition, the defendant has been punished several times due to violent crimes, and the crime of this case is committed before and after the judgment of the court below, and it is not good that the crime of this case is committed.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, there is no special change of circumstances that make the original judgment and the punishment different from the circumstances after the crime, the lower court’s punishment is too unreasonable.

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

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