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(영문) 서울남부지방법원 2016.02.05 2015노1999
주거침입등
Text

The defendant's appeal is dismissed.

Reasons

The gist of the grounds for appeal by the defendant is that the punishment of six months (40 hours after the program for sexual assault treatment) sentenced by the court below is too unreasonable in light of the circumstances such as the fact that the defendant is against the defendant, the defendant has no record of being punished by the same crime as this case or by the suspension of execution, and the defendant was under the influence of alcohol at the time of the crime in this case.

In light of the circumstances alleged by the Defendant, considering the fact that the number of crimes in this case is a majority, and when considering the shape of the crime, such as intrusion upon another person’s residence and obscenity, the nature of the crime in this case is not good, and the defendant’s past record of punishment has reached four times, and among which, the defendant’s past record has been punished as a crime of intrusion upon residence of the same kind as in this case, one time is included, and other various circumstances, including the defendant’s age, sexual conduct, intelligence and environment, motive, means and consequence of the crime, etc., the sentence imposed by the court below is appropriate, and it does not seem unfair because it is excessively unreasonable.

Therefore, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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