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(영문) 수원지방법원 2020.10.14 2020노3777
주거침입등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime with mental or physical disorder, the person was in the state of mental or physical disorder or mental disability.

B. The lower court’s sentence of unreasonable sentencing (one year and two months of imprisonment, 40 hours’ order to complete sexual assault treatment programs, 3 years’ restriction on employment, confiscation) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mental disorder, it is recognized that the defendant had drinking alcohol at the time of each of the crimes of this case, but did not have the ability to discern things or make decisions in light of the circumstances before and after each of the crimes.

not seem to have existed in or weak condition.

B. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle on the assertion of unfair sentencing, ought to respect the determination of sentencing in a case where there exists a unique area of the first instance court concerning the determination of sentencing, and there is no change in the conditions of sentencing compared with the first instance court, and the first instance court’s sentencing

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Even if the materials submitted in the trial at the trial, there is no significant change in the sentencing conditions compared to the original judgment, and in full view of all the factors indicated in the records of this case, the lower court’s sentencing was unabundled and exceeded the reasonable scope of discretion.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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