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(영문) 서울중앙지방법원 2020.05.29 2019노2282
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. As to the sentence (two years of suspended sentence in the month of imprisonment for each of the defendants A, D: 2 years of suspended sentence, defendant B, C, and E) declared by the court below, the defendants asserted that the above sentence is too unreasonable, and the prosecutor argues that it is too unreasonable.

2. It does not seem that there are new circumstances or special changes in circumstances that can be reflected in the sentencing after the pronouncement of the lower judgment, and further, considering the circumstances and various sentencing conditions stated in the reasoning of the lower judgment in the sentencing as a whole, it cannot be deemed that the lower court’s punishment was excessively heavy or unhued and exceeded the reasonable scope of discretion. Thus, the Defendants and the Prosecutor’s aforementioned arguments are without merit.

3. As such, the appeal by the Defendants and the public prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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