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(영문) 수원지방법원 2018.11.16 2018노5299
퇴거불응
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unreasonable.

2. The fact that the defendant was found to have committed a crime in this court, and against the fact that the defendant was relatively less time to live in the victim's residence is favorable.

On the other hand, the following is disadvantageous.

Before about nine months, the Defendant was subject to criminal punishment by having the body her body at the victim’s residence and having the body her body at the victim’s age.

Considering the relationship between the defendant and the victim, the victim seems to have suffered considerable mental suffering due to the crime of this case.

The defendant did not agree with the victim, and has a number of criminal punishment, such as punishment, suspended execution, etc.

In full view of the factors and sentences of the sentencing in this Court, the sentencing of the court below exceeded the reasonable bounds of its discretion, when determining the sentencing.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, even if the circumstances and results of the instant crime were to be considered after the instant crime, the Defendant’s age, sexual conduct, environment, etc., the sentence of the lower court is deemed to be adequate and too unreasonable.

3. The Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, on the grounds that the appeal is groundless.

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