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(영문) 수원지방법원 2018.05.17 2018노184
건조물침입
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the circumstances leading up to the instant crime, the relationship between the Defendant and the victim, etc., the lower court’s punishment against the Defendant (2 million won) is too unreasonable.

B. In light of the Defendant’s criminal records, the lower court’s sentence is too unfasible and unreasonable.

2. However, despite the fact that the defendant was punished as a crime of violation of the Punishment of Violences, etc. (a collective deadly weapon, etc.) against the victim, he/she again commits the crime of this case, and that the defendant does not respect the life of the victim even though he/she was divorced from the victim, and bullying with the victim's residence is disadvantageous to the defendant.

On the other hand, it appears that the defendant makes efforts to reflect his mistake and to live as a sincere social person, and that the injured person is seeking a preference against the defendant on the grounds of the above attitude of the defendant is favorable to the defendant.

In full view of the above circumstances and the defendant's age, sex, environment, relationship between the defendant and the victim, motive for committing the instant crime, and circumstances after committing the instant crime, etc., the sentence imposed by the court below cannot be deemed to be too heavy, too heavy, or too unreasonable, in light of the following circumstances.

3. The appeal of this case by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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