logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2019.02.14 2018노4140
주거침입등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The sentence of the lower court (the fine of KRW 1,500,000) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. The crime of this case against the victim is recognized as disadvantageous to the defendant, such as the fact that the defendant damaged the lock lock locker owned by the victim and intruded into the structure managed by the victim, with heavy liability in light of the content of the crime, and the fact that the defendant has not yet been able to use the locker from the victim.

However, the court below's punishment against the defendant is too unreasonable in light of the fact that the defendant led to the confession of the crime of this case and the degree of damage to the crime of this case is relatively minor, the defendant has no criminal records for the same kind of crime, and other circumstances that form the conditions for sentencing specified in the argument of this case, such as the defendant's age, character, conduct and environment, etc.

Therefore, the defendant's above assertion of unfair sentencing is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: 1. The summary of the court below's judgment's "the summary of evidence" added the defendant's oral statement to "the defendant's oral statement" as stated in each corresponding column of the court below's judgment. Thus, it is cited in accordance with Article 369 of the

Application of Statutes

1. Relevant Article 366 of the Criminal Act, Article 319 (1) of the Criminal Act, and the choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

arrow