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(영문) 대구지방법원 2017.11.16 2017노1837
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable since each of the punishments (two years of suspended sentence in August; two years of suspended sentence in April; two years of suspended sentence in June; two years of suspended sentence in June) declared by the lower court (two years of suspended sentence in June).

2. The lower court sentenced the Defendants to the above punishment by taking into account the circumstances favorable to the Defendants, such as the following: (a) the Defendants mobilized illegal means and methods to achieve their demands; (b) the number of participants in the crime of this case is not significant; (c) the Defendants recognized and seriously reflected each of the crimes of this case; (d) the Defendants were exempted from taking into account the motive leading to each of the crimes of this case; and (e) the Defendants were taking the Defendant’s wife against the Defendants at S Co., Ltd., which may be deemed the victims.

In full view of all the sentencing conditions, other than the circumstances considered by the lower court, including the Defendants’ age, sexual conduct, environment, health, background leading to the commission of the crime, degree of participation in the crime, means and consequence, scale of the crime, and circumstances after the crime, etc., each sentence imposed by the lower court appears to be appropriate, and the lower court’s sentencing judgment exceeded the reasonable bounds of discretion.

There is no circumstance that the assessment or maintenance is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, it is difficult to deem that each sentence imposed by the lower court is unfair because it is too unreasonable as the Defendants’ assertion is too unreasonable.

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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