(영문) 광주고등법원 2019.05.21 2019노34 | 리걸엔진

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(영문) 광주고등법원 2019.05.21 2019노34

퇴거불응등

Text

Defendant

B All appeals against the Defendants by the Prosecutor and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant and the respondent B (hereinafter “Defendant B”) 1) misunderstanding of facts (each guilty part of the lower judgment 2018 Gohap463) 1) - Defendant entered the house of Victim K as stated in the facts constituting a crime in the lower judgment, but Defendant entered the house with the consent of the victim, and thus does not constitute a residential intrusion.

B) The Defendant does not commit an indecent act against the victim K as stated in the facts constituting an offense in this part of the lower judgment. 2) The sentence imposed by the lower court of unfair sentencing (two years and six months of imprisonment, etc.) is too unreasonable.

B. The prosecutor (unfair form of punishment) sentenced by the lower court to the Defendants (Defendant A: imprisonment with prison labor for one year and six months, Defendant B: imprisonment with prison labor for two years and six months, etc.) is too uneased and unfair.

2. Determination

A. As to Defendant A (the prosecutor’s assertion of unreasonable sentencing), the instant crime was committed against the Defendant: (a) the Defendant refused to comply with the victim D’s eviction request; (b) obstructed the medical treatment of emergency patients, such as emergency medical technicians H; (c) obstructed the victim L and P’s duties by force; (d) obstructed the nature of the crime in light of the frequency of the crime and the details of the crime; (b) the Defendant has a criminal power of at least 30 times; (c) the Defendant has a number of criminal records of the same kind; and (d) the Defendant committed each of the instant crimes again without being aware of the fact that he had committed a repeated crime of the same kind; and (d) the Defendant

On the other hand, the fact that the defendant led to the confession of all the crimes of this case and reflects his mistake in depth, victim D, P does not want the punishment of the defendant, and the victim L submitted a written application for carbon for the defendant to this court is favorable to the defendant.

In addition, sentencing, such as the age, family relationship, character and conduct, environment, etc. of defendants.

유사 판례

-수원고등법원 2019.10.30 2019노345

-부산지방법원 2015.08.27 2015노1610

-서울고등법원 2014.04.04 2014노100

-광주고등법원 2015.07.23 2015노223

-서울고등법원 2013.07.19 2013노1601