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(영문) 광주지방법원 2020.04.14 2020노294
주거침입
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant (e.g., imprisonment with prison labor for six months) is too unreasonable.

B. The above sentence of the lower court is too unhued and unfair.

2. The circumstances are favorable to the fact that the defendant recognized the crime of this case, the defendant surrenders himself to the investigative agency, and the victim is not subject to punishment of the defendant.

On the other hand, there are several criminal records, which were punished due to sex crimes, robbery, etc. committed by the Defendant as means of intrusion upon residence, and the Defendant committed the instant crime while attaching the location tracking electronic device, and the possibility of criticism is very high.

There are no special circumstances or changes in circumstances that can be newly considered by this court, and in full view of the Defendant’s age, character and conduct, family relationship, circumstances after the commission of the crime, and various sentencing conditions as shown in the records and arguments, the lower court’s punishment is too heavy or unreasonable.

The defendant and prosecutor's assertion are not accepted.

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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