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(영문) 서울북부지방법원 2017.04.20 2016노2407
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

The defendant's appeal is dismissed.

All of the applications for compensation of this case are dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (the imprisonment of eight months and the suspension of execution of two years) is too unreasonable.

2. Although there are circumstances that may be considered in light of the circumstances, such as the time when the defendant committed the instant crime, the fact that there was no record of punishment for the same kind of crime, the support for his family, etc. However, there are no special circumstances or changes in circumstances that may be newly considered in sentencing after the pronouncement of the lower judgment, such as the fact that there is no agreement with the victims, etc., and that there are various other circumstances that are conditions for sentencing as shown in the records and arguments, such as the Defendant’s age, sex, sex, environment, motive and circumstance of the crime, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s sentencing is determined within the reasonable and appropriate scope, and it is not determined that the sentence is unfair because

3. In conclusion, the defendant's appeal is without merit, and the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. Since all of the crimes of this case committed by the defendant in relation to the defendant's application for compensation do not constitute a crime subject to compensation order under Article 25 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, all of the crimes of this case are not subject to compensation order under Article 32 (1) 1 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings,

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