logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2017.04.28 2016노1057
주거침입등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the instant crime, was in a state of mental and physical loss or mental weakness.

B. The punishment sentenced by the lower court (an amount of five million won) is too unreasonable.

2. Determination

A. According to the record as to the assertion of mental disorder, the Defendant committed the instant crime in a state that the Defendant had no or weak ability to discern things at the time of committing the instant crime.

Therefore, this part of the defendant's assertion is not accepted.

B. Taking into account the favorable circumstances such as the fact that the defendant did not have the same criminal record as to the unfair argument of sentencing, and the fact that the defendant recognized the defendant's mistake and reflected against the tenant's residence, the crime of this case is destroyed by damaging the house of KRW 2 million in total, which is owned by the victim, and thus, the degree of damage to the risk of the crime is not easy, and all of the sentencing conditions in the records and arguments of this case including the fact that the damage was not recovered, the sentence imposed by the court below is judged to be appropriate, and is too unreasonable. Thus, the defendant's wrongful assertion of sentencing is also without merit.

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

arrow