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(영문) 창원지방법원 2015.11.18 2015노2070
건조물침입
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the lower court (fine 1,000,000) is too unreasonable.

2. The crime of this case committed by the Defendant, which was not corrected in the victim C’s house, was found to have been invaded by the structure, such as removing and intrusion upon the toilet window for about two days, lodging and lodging, etc., and the Defendant recognized the crime of this case.

However, the defendant, including a criminal record and a single criminal record, has failed to agree with the victim, and there is no change of circumstances to take into account the sentencing after the decision of the court below is sentenced.

In addition, considering the Defendant’s age, character, conduct and environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, etc., as well as various other circumstances that may serve as conditions for the sentencing as shown in the records and pleadings, it cannot be deemed that the lower court’s fine of KRW 1,00,000, which was imposed by the lower court

Therefore, the defendant's assertion is without merit.

3. As such, 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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