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(영문) 춘천지방법원 2019.01.25 2018노1080
특수주거침입등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and confiscations 1 to 4) of the lower court is too unreasonable.

2. The judgment of the defendant found that the defendant committed a harmful act, such as sending text messages to the spouse of the victim several times or leaving the place of work and leaving the place of work, by finding out dangerous articles and carrying them into the victim's residence, and destroying property owned by the victim. The crime is bad, and the victim and his spouse were unlikely to flee at night. The fear that the victim and his spouse were satisfyed, and it appears that the defendant committed a harmful act, such as sending text messages to the victim's spouse and leaving the place of work, etc.

However, in full view of the favorable circumstances, such as the fact that the defendant appears to have recognized the crime of this case in the trial of the party, that there is no record of criminal punishment against the defendant, that the victim does not want the punishment of the defendant by mutual consent with the victim, that the husband's health seems not good, and that other circumstances revealed in the records and arguments, such as the defendant's age, character and conduct, environment, family relationship, circumstances leading to the crime, and circumstances after the crime, etc., the sentence of the court below is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

[Discied Judgment] The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and thus, the gist of evidence is identical to each corresponding column of the judgment below. Thus, it shall be quoted in accordance with Article 369

Application of Statutes

1. Article 320, Article 319(1) of the Criminal Act (special intrusion of residence, choice of imprisonment), Articles 369(1), 366 of the Criminal Act (special property damage and damage, choice of imprisonment), and Article 320, Article 319(1) of the same Act concerning criminal facts;

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