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(영문) 수원지방법원 2018.07.20 2018노2809
주거수색등
Text

The judgment below

Part concerning Defendant A and E shall be reversed.

Defendant

A Imprisonment with prison labor of one year and ten months, and Defendant E.

Reasons

1. The gist of the grounds for appeal is that the respective punishment of the lower court (two years of imprisonment, two years and six months of imprisonment, and six months of imprisonment) is too unreasonable.

2. Determination

A. The defendant's judgment against the defendant A led or instructed each crime against the victim R, and the above victim seems to have suffered a considerable mental suffering due to each of the above crimes, and the nature of the crime is very significant in light of the content of the crime and the degree of participation, etc., although the defendant had been punished for the same and different types of crimes including a large number of punishment, he/she committed each of the above crimes during the repeated crime period, and the fact that the defendant did not agree with the above victim is disadvantageous to the defendant.

On the other hand, there are circumstances favorable to the defendant, such as the fact that the defendant reflects the crime, the social relationship between the defendant and his family, the situation where his family should be supported, and the defendant deposited 2 million won for R when he was in the trial.

Considering the above circumstances and the sentencing conditions indicated in the records, such as Defendant’s age, occupation, sex, environment, family relationship, motive for committing a crime, and circumstances after committing a crime, the lower court’s punishment is deemed unfair.

Therefore, the defendant's above assertion is justified.

B. The fact that the defendant's judgment on the defendant B is against the defendant's crime is not good in light of the circumstances favorable to the defendant, or the circumstances and contents of each of the crimes of this case, and in particular, in the case of each of the crimes against the victim R, the defendant led to the execution of each of the crimes, and the above victim seems to have suffered considerable mental pain due to each of the above crimes, and the crime is more severe, and the suspension of the execution of imprisonment and the punishment of fines due to the crime related to violence has been record, and a number of juvenile protective orders have been issued for the same kind and different types of crimes.

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