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(영문) 수원지방법원 2019.07.11 2019노2489
주거침입등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. The circumstances are acknowledged, such as the confession of the Defendant to commit the instant crime and reflects his mistake, the victim appears to have been temporarily returned to the victim and have been able to recover part of the damage, the family members to support the Defendant, and the fact that the Defendant has no record of being punished in the Republic of Korea, which seems to have been already considered in the sentencing of the lower court.

In addition, the instant crime was committed by the Defendant, as a cash receipt policy of the victim’s house, by intrusion upon the victim’s house. The nature of the instant crime is very poor in light of the interview and interview of the crime, and the applicable laws and contents, etc., including the interview and interview of the crime. The crime of Bosing is hard to crack down because the crime is fatal and organized, and the scope of damage is not differentiated and is not easy to recover from damage, and there are very structural characteristics that are not easy to recover damage, and thus, the relevant social harm and injury is very high. In full view of the circumstances such as the equity of sentencing and sentencing with the same and similar incidents, as well as the sentencing equality of the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, it is not recognized that the lower court’s punishment is inappropriate because it is too excessive.

Therefore, the defendant's above assertion is not accepted.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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