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(영문) 대구지방법원 2015.12.03 2015노2241
주거침입등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The instant crime committed by the Defendant was committed by intrusion on the victim F’s house, which does not have any way at night, thereby obstructing the Defendant from causing property damage, committing bodily injury, and obstructing the Defendant’s performance of official duties by obstructing the dispatched police officers, and in light of the content and method of the crime, the degree of damage suffered by the victims, etc., the nature of the crime is very poor.

Until the trial, it is recognized that there is no agreement with the victim F, so it is necessary to punish the defendant strictly.

However, the defendant's mistake in the crime of this case is divided in depth and does not repeat again.

The Defendant has no particular criminal power in Korea prior to the instant crime to USFK.

With respect to physical and human damage suffered by the victim F, it appears that some compensation for damage is paid in a separate remedy procedure through the Korea-U.S. Administrative Agreement, etc., and it is also recognized that the defendant has made efforts to recover damage, such as from the trial to the victim G and the police.

In addition, considering the various sentencing conditions shown in the records and arguments, such as the age, character and conduct, environment, economic situation, etc. of the defendant, the sentence of the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable, and the following decision is rendered after pleading

Punishment of the crime

The summary of the facts constituting an offense and evidence recognized by this court is identical to each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 319(1) of the Criminal Act applicable to the crime in question, Article 319(1) of the Criminal Act, Article 366 of the Criminal Act, Article 257(1) of the Criminal Act, Article 136(1) of the Criminal Act concerning the crime;

1. The Commercial Concurrent Crimes Act.

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