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(영문) 서울남부지방법원 2018.06.07 2018노660
주거침입등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing of the defendant) recognizes all the crimes of this case and reflects the depth thereof, D, which is the head of the victim of intrusion upon residence and damage to property, prepares and submits a written agreement and withdrawal of complaint in the judgment of the court below, which is minor to the extent that it is not necessary to repair it, the defendant committed the crime of this case by contingency under the influence of alcohol, the fact that the defendant committed the crime of this case in the state of drinking, the fact that the defendant still has the penalty to prevent recurrence, and that the defendant has no criminal record, etc., the punishment of the court below (six months of imprisonment) is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) that the Defendant recognized all of the instant crimes; (b) that the Defendant, the principal of the Defendant, was the victim of the instant crime of intrusion on residence and damage to property; (c) that the Defendant prepared a written agreement and a written withdrawal of complaint in the lower trial and expressed his/her intention not to punish the Defendant; and (d) that there appears to be a misunderstanding, such as submitting late anti-competences after the Defendant was detained.

However, the defendant showed the attachment to the spouse who is under separate possession during the suspension period of the execution of imprisonment with prison labor for the same crime, and found him in the house of the victim D, who is the head, and did not open the entrance by the victim D, and committed a crime of intrusion into the residence of this case and damage to property, and committed a crime of obstructing the execution of official duties by using the minor violence against the police officers dispatched to the site. It is not good that the nature of the crime is heavy.

In addition, even after the defendant was arrested as a current criminal and brought in to the earth as a police officer, he/she continues to take a bath and speak to police officers and under investigation by the police officer once he/she is investigated, the police officer and the police officer are not limited to denying the crime and they are charged with false accusation.

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