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(영문) 서울중앙지방법원 2019.06.27 2019노965
건조물침입등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. In full view of the circumstances favorable to the defendant, such as the fact that the defendant committed each of the crimes of this case during the period of repeated crime, and acquired a considerable amount of money in fraud, etc., and the fact that the defendant has agreed with the victim M&B and H, etc., the sentencing judgment of the court below is not deemed to have exceeded the reasonable bounds of discretion, in light of the circumstances favorable to the defendant, such as the defendant's age, character and conduct, environment, motive, circumstance and process of the crime, and all the other conditions of sentencing as shown in the records and arguments of this case,

Furthermore, the grounds for unfair sentencing asserted by the Defendant and the Prosecutor in this court are the circumstances that the lower court had already taken into account when determining the Defendant’s punishment, and it is difficult to view that there exists any change in circumstances to the extent that may be newly considered in

Thus, the defendant and the prosecutor's assertion are without merit since the court below's punishment is too heavy or it is not unreasonable.

3. Therefore, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

[However, in accordance with Article 25 (1) of the Rules on Criminal Procedure, "P" as stated in the delivery method column No. 1 4 of the attached Table 8 of the judgment of the court below shall be corrected to "I"].

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