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(영문) 서울중앙지방법원 2017.09.15 2017노1239
주거침입
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. In fact, the Defendant: (a) went to the stairs outside the door door of the room room of this case; and (b) went to the door door, and only went to the outside stairs without entering the inner stairs; and (c) thus, the Defendant invadedd another’s residential space.

subsection (b) of this section.

B. Sentencing 1 Sentencing 200,000,000,000 won, which is too unreasonable.

2. Determination:

A. As to the assertion of mistake of facts, the Defendant recognized all the facts charged in the first instance court and led to confession.

In addition, the statement in the investigative agency of the victimized person, namely, the victim was preparing for the director at the time of the instant case, and was in the state of cancelling the escape from the outside of the studio room of the instant case, and the defendant was witnessing out of the stairs inside the studio of the instant case at the time, the fact that the defendant invadedd the victim's residence can be sufficiently recognized as stated in the first instance court's decision.

Therefore, the defendant's assertion of facts is without merit.

B. In the instant case where there is no particular change in the sentencing conditions that would be considered when regarding the unfair argument of sentencing in the appellate trial, comprehensively taking account of the following circumstances, such as the Defendant’s age, sexual conduct, environment, health status, family relationship, motive, means and consequence of the commission of the crime, it is difficult to deem that the first deliberation sentence is unfair as it goes beyond the scope of discretion.

Therefore, the defendant's improper assertion of sentencing is without merit.

3. If so, the defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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