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(영문) 인천지방법원 2017.08.31 2017노2422
주거침입등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The reason for the appeal by the prosecutor is that it is the reason for the appeal by the defendant that the punishment prescribed by the court of the original instance (one year of imprisonment) is too unreasonable because it is too unreasonable, and that it is too unreasonable due to it.

2. The judgment seems to have led to the confession and reflect on the crime.

The victim was paid 4.5 million won and the defendant was not punished.

No criminal records shall be sentenced.

However, the criminal liability of the defendant is not against the law.

In addition, there are many criminal records of violence inclinations, and the crime was committed with the obstruction of the performance of official duties by assaulting police officers, and even though it was under the suspension of execution, the crime was committed again.

The court of the court below rendered the sentence against the defendant by taking account of the aforementioned various positive and negative circumstances.

The judgment below

There is no new circumstance that can be considered in sentencing as a result of the sentence.

In addition, comprehensively taking into account various sentencing conditions prescribed in Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the situation before and after the crime, the lower court’s punishment is too heavy.

(2) It shall not be deemed that there is an excessive dissipence to such an extent.

3. In conclusion, the grounds for appeal by the defendant and the prosecutor are not reasonable, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

The proviso of Article 186 (1) of the Criminal Procedure Act shall apply to litigation costs.

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