logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2019.03.29 2018노3621
주거침입등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The fact that the defendant agreed with the victim F and the victim C appears not to have want to be punished against the defendant is favorable circumstances.

However, the fact that the defendant was punished for multiple violent crimes, in particular, that he was sentenced to imprisonment with prison labor for six months on September 7, 2017 and committed the crime of this case during the suspended execution period, and that he was prosecuted for committing the crime of this case of this case of this case, and that he committed the crime of this case of 2018 Godan4360 after he was prosecuted for committing the crime of this case of this case of this case.

In full view of such circumstances as well as the Defendant’s age, character and conduct, environment, career and occupation, circumstances after the commission of the crime, etc., the conditions of sentencing as shown in the records and arguments of this case, and the results of the application of sentencing guidelines by the Sentencing Commission, the lower court is deemed appropriate.

Therefore, the defendant and prosecutor's argument of unfair sentencing is not accepted.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

(However, the part of the first part of the judgment of the court below which is corrected is deleted without any changes in the indictment, because there is no substantial disadvantage to the defendant's exercise of his right to defense even if it is deleted without any changes in the indictment, and the part of the first part of the judgment of the court below which is obvious that it is a clerical error, is corrected ex officio.

arrow