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(영문) 수원고등법원 2020.04.09 2019노588
주거침입등
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (one year and eight months of imprisonment) sentenced by the court below is too unreasonable.

Judgment

The fact that the health of the defendant, such as suffering from her from her early death from her early death, is not poor and economic conditions are not good, and that the victims are not suffering from the crime of this case individually, and that some damage is not big, and that the victim C, E, G, and N expressed their intention not to be punished against the defendant, etc. should be considered as a favorable circumstance for the defendant.

In addition, although the defendant denies part of the crimes from the investigation stage to the original trial, it should also be taken into account that the appellate court has taken an attitude to see all the crimes and to repent the errors.

However, the defendant has been punished for special larceny, larceny, intimidation, intimidation, fraud, and assault and damage, etc. on several occasions, and each of the crimes of this case committed on March 29, 2019 on several occasions within three months from the date of release after completing the term of punishment on March 29, 2019, even though he/she was sentenced to ten months of imprisonment due to fraud, special intimidation.

In full view of such circumstances as the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, etc., even considering the sentencing conditions favorable to the Defendant, the sentence of the lower court cannot be deemed to have exceeded the reasonable scope of discretion by excessively neglecting the Defendant’s sentencing conditions.

Defendant

The argument is without merit.

The defendant's appeal is dismissed on the ground that it is without merit.

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