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(영문) 춘천지방법원 강릉지원 2015.11.12 2015노400
폭력행위등처벌에관한법률위반(상습주거침입)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds of appeal by the defendant ex officio, the prosecutor examined the facts of the charges of this case as follows; on the premise that each of the charges of this case was committed by assault, etc.; violation of the Punishment of Violences, etc. Act (Habitual residence intrusion); and damage to property with the same kind of crime, the name of the crime, including each of the charges of this case, "violation of the Punishment of Violence, etc. Act (Habitual Residence Intrusion)," "Violation of the Punishment of Violences, etc. Act (Habitual Residence Intrusion)" in "damage of Violence, etc. (Habitual Residence Intrusion)", among the charges of this case, applied for permission to change the facts of the crime to a comprehensive crime of violation of the Punishment of Violence, etc. Act (Habitual Residence Intrusion); and Article 6(1)6 of the Criminal Act; Article 36(1)6 of the Criminal Act; Article 16(3) of the same Act; Article 6(1)6 of the same Act; Article 36(1) of the same Act; and Article 6(6(3) of the same Act.

In addition, each of the above crimes and each of the crimes of interference with business in the judgment of the court below should be sentenced to a single punishment in relation to concurrent crimes under the former part of Article 37 of the Criminal Code, so the judgment of the court below no longer

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed, and the following is again decided after pleading.

In other words,

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