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(영문) 부산지방법원 2013.10.18 2013노2206
건조물침입
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable to impose a fine of 300,000 won imposed by the court below on the defendant.

2. It is recognized that the Defendant recognized the instant crime and against his mistake; the changes in indictment to the Defendant at the lower court; the Defendant has no record of criminal punishment since 1979; and there is a family member to support the Defendant without good health.

However, the Defendant again committed the instant crime even though he had had the record of criminal punishment, including punishment prior to the instant crime, and the lower court, taking into account the following circumstances: (a) the Defendant already sentenced to a fine of KRW 300,000,00, which has been mitigated compared to the summary order, taking into account the circumstances favorable to the Defendant; and (b) the Defendant’s age, environment, family relationship, occupation, circumstances leading to the instant crime, and circumstances after the instant crime, etc., the sentence of

Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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