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(영문) 춘천지방법원 2017.07.06 2017노299
주거침입등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had mental and physical loss or mental weakness at the time of committing each of the instant crimes.

B. The punishment of the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. The Defendant had a mental and physical loss at the time of each of the instant crimes, in light of the developments, content, means, methods, and consequence of each of the instant crimes, and the circumstances before and after the instant crimes.

In addition, the court below's decision that the punishment cannot be mitigated pursuant to Article 10 (3) of the Criminal Act is just because the circumstance in which the defendant was in a state of mental or physical weakness is recognized as having predicted the occurrence of danger, and caused mental or physical disorder by drinking it as a person, even though he predicted the occurrence of danger.

B. In a case where there is no change in the conditions of sentencing compared to the first instance court’s determination on the unfair argument of sentencing, and where the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, there is no change in the conditions of sentencing compared to the lower court’s judgment as the materials for new sentencing have not been submitted in the trial, on the grounds that there is no change in the conditions of sentencing compared to the lower court’s judgment, and in full view of the reasons for sentencing revealed in the present argument in the instant case, the lower court’

It does not appear.

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

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