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(영문) 서울북부지방법원 2017.03.10 2017노79
주거침입
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. After the judgment of the court below, the fact that the defendant agreed smoothly with the victim D and the victim did not want the punishment is a change in circumstances favorable to the defendant.

However, the defendant's crime is a series of crimes which prevent the victim from being transformed into the phishing crime and have the victim withdraw the deposit, keep it in the house, induce the victim out of the house, and steals the deposit kept by the phishing Organization in the house, including the crime of intrusion upon the victim's residence, and the risk is very large.

Furthermore, the social harm is serious because the elderly including the victim is against many unspecified people.

In light of the facts alleged by the Defendant and the Prosecutor on the grounds of appeal, including partial changes in the circumstances favorable to the Defendant, the lower court’s punishment is heavy or light, even if it is deemed that the Defendant’s and the Prosecutor’s assertion on the grounds of appeal is unreasonable.

subsection (b) of this section.

3. Accordingly, all appeals filed by the defendant and the prosecutor cannot be accepted.

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