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(영문) 의정부지방법원 2017.10.30 2017노2576
특수주거침입등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment, confiscation) is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. The judgment is highly dangerous that the defendant used to commit a crime, and the degree of injury of the victim H is weighted, but the defendant has been detained for a considerable period of time and has been given an opportunity to reflect against the defendant, and the victim D expressed his/her intention not to be punished against the defendant in the original trial and the trial of the court below, the victim D again expressed his/her intention that the defendant does not want to be punished against the defendant in the original trial, deposit the amount of KRW 5 million under the name of medical expenses and agreement for the victim H in the first trial, other than the punishment of KRW 100,000 as a violation of the Punishment of Violences, etc. Act in 192, there is no record of punishment for a violent crime except for the punishment of KRW 100,000 as a result of the violation of the Punishment of Violences, etc. Act in 192, the court below's punishment is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court are as follows: “1. Part of the Defendant’s court testimony “B” 1. The Defendant’s court testimony at the court below (“other than modification” is as indicated in each corresponding column of the lower court’s judgment, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions on criminal facts, Articles 320, 319(1) (a) of the Criminal Act, Articles 284, 283(1) (a) (a special intimidation) of the Criminal Act, Article 260(1) (a) of the Criminal Act, Article 257(1) (a)) of the Criminal Act, Article 366 of the Criminal Act, Article 366 (a) of the Criminal Act, the choice of punishment for a crime, and selection of imprisonment.

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