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수원지방법원 2019.08.12 2019노3070

All appeals filed by the defendant and prosecutor are dismissed.


1. Summary of grounds for appeal;

A. The punishment of the lower judgment (six months of imprisonment) is too unreasonable.

B. The form of the lower judgment by the prosecutor is too uneasible and unreasonable.

2. We examine the reasoning of the judgment and the prosecutor together.

The crime of this case is a reason for sentencing unfavorable to the defendant, on two occasions without any reason, that the defendant spreads coffee, etc. into the clothes of the victims, and the nature of the crime is bad. The defendant committed the crime of this case without being aware of about six months after completing a prison life on July 17, 2018 due to the crime of intrusion upon residence, etc. and having been released from prison, and the defendant did not receive suspicion from the victims and has not recovered from the victims.

On the other hand, it is a reason for sentencing favorable to the defendant, such as the fact that the defendant has led to the crime of this case, that there is no significant damage to the victims due to the crime of this case, that the defendant has been punished for the same kind of crime, that the defendant suffers anti-comfort expenses on the left side, and that the health is not good.

In full view of the above sentencing grounds and other various sentencing conditions as shown in the instant pleadings, such as the Defendant’s age, career, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence of the lower judgment cannot be deemed as excessive or unreasonable.

Therefore, the defendant and prosecutor's argument are without merit.

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