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(영문) 광주지방법원 2015.09.22 2015노866
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s punishment (fine 1.5 million won) is too unreasonable.

B. Defendant B’s punishment (the first instance court’s punishment: 4 months of imprisonment, 2 years of probation, 80 hours of community service, 4 million won of fine) is too unreasonable.

2. Determination

A. Defendant A, on the ground that he brought about a vehicle in dispute with the right to possess the victim’s sentence from B, entered the victim’s office room in front of the officetel, and expressed the victim’s desire. The elements of unfavorable sentencing, such as the nature of the crime, the fact that the crime is not good, the defendant does not agree with the victim, and the factors of favorable sentencing, such as the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and other various circumstances that are the conditions of sentencing specified in the records and arguments of this case, such as the circumstances after the crime, are considered as inappropriate.

B. Defendant B committed each of the instant crimes even though he had been subject to criminal punishment for the crime of destroying property and the crime of intrusion upon residence, and again committed each of the instant crimes, the content of the 1st instance judgment’s bathing theory to the victim E is not good. The building of the second instance judgment, even though he was aware of the fact that the Defendant did not have the right to reside or transform from the victim K in around 2004, was invaded on the building and damaged the wall of the building, did not agree with the victim, and the Defendant reflects the crime, and other favorable sentencing factors, such as the fact that the Defendant needs to be treated with cerebrs, and other favorable sentencing factors such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., are considered, the sentence against the Defendant is imposed.

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