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(영문) 전주지방법원 2013.11.01 2012노551
폭력행위등처벌에관한법률위반(공동주거침입)
Text

All appeals by the Defendants are dismissed.

Reasons

1. In light of the overall sentencing conditions in the grounds of appeal, the sentence of the lower court against the Defendants (Defendant A: a fine of 800,000 won, Defendant B: a fine of 600,000 won) is too unreasonable.

2. The Defendants recognized the instant crime and divided the depth of the instant crime, Defendant B was physically disabled and the degree of participation is minor, and Defendant A was the most likely to support the children who are mentally handicapped persons.

However, the crime of this case was committed by the Defendants by intrusion upon the victim’s residence beyond the body at night, bringing the victim’s desire to commit the disturbance and avoiding the disturbance, which is not good to the nature of the crime and the crime, and the Defendants did not take any measures to recover damage up to the trial. In full view of various sentencing conditions indicated in the records of this case, including the Defendants’ age, character and conduct, environment, motive, means and consequence of the crime, etc., the lower court’s punishment is too unreasonable. Thus, the Defendants’ assertion of unfair sentencing is without merit.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the Defendants are without merit. It is so decided as per Disposition.

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