logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2016.06.10 2015노1636
건조물침입
Text

All appeals by the Defendants and by the Prosecutor against Defendant A are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (Defendant A: the suspended sentence of a fine of one million won; Defendant B: a fine of two million won) is too unreasonable.

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

2. The fact that the Defendants recognized the instant crime and reflected the mistake in depth, Defendant A had no record of criminal punishment before, and Defendant B had no record of criminal punishment, and the Defendants committed the instant crime in the course of assemblies related to the renewal of the agreement between the non-regular English lecturers, which are favorable to the Defendants, inasmuch as some of the circumstances that may be considered in light of the circumstances leading to the instant crime are committed.

On the other hand, even before Defendant B, there exists a history of criminal punishment on several occasions due to the violation of the Assembly and Demonstration Act, the obstruction of business, etc., Defendant B led the instant crime, the Defendants did not reach an agreement with the victim up to the trial, and the lower court seems to have been granted a delay of fine of one million won by fully taking into account the favorable circumstances of Defendant A.

In full view of the aforementioned circumstances and other factors of sentencing as indicated in the records and arguments of the instant case, such as the background of the instant crime, the age of the Defendants, sexual conduct, environment, etc., the lower court’s punishment against the Defendants is too heavy, or the lower court’s punishment against Defendant A is too excessive and unreasonable. Thus, the Defendants and the Prosecutor’s assertion is without merit.

3. If so, the Defendants’ appeal and the Prosecutor’s appeal against Defendant A are without merit. Thus, all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow