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(영문) 인천지방법원 2017.12.15 2017노3824
건조물침입
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (4 months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The Defendant recognized the instant crime and reflected the mistake.

The Defendant, as a person with a disability of class 2 with intellectual disability, committed the instant crime under the mental and physical weakness. However, the instant crime was committed by the Defendant, in order to collect women’s hairs in the heart, and it was likely that the Defendant intrudes on women’s toilets of commercial building, which is a public place, in light of the content, method, etc. of the crime, and there is a high possibility of criticism because the crime is inferior in light of the content, method, etc. of the crime, and there is a high possibility of causing people who are likely to use public toilets to feel dis

In addition, even though the defendant had already been punished several times due to the crime of several laws similar to the crime of this case, he also committed the crime of this case during the period of repeated crime, and there seems to be no social relation that will prevent recidivism as he resides in a mixed without a certain occupation.

In full view of such circumstances and other factors of sentencing as the Defendant’s age, sexual conduct, environment, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment against the Defendant cannot be deemed unfair because it is too unreasonable.

Therefore, the defendant's assertion is not accepted.

3. 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.

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