방실침입등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
except that, for three years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and six months) of the lower court is too unreasonable.
2. In light of the fact that the Defendant, who was sentenced to multiple punishments for the same kind of crime, committed a second time again, committed a crime, committed the entire crime for a long period of up to one year, and the Defendant was unable to take advantage of his/her failure to take advantage of his/her status until the trial was held and failed to make repayment of the damage, the Defendant should be punished strictly.
However, it is deemed unfair that the court below's punishment imposed by comprehensively taking account of various circumstances, such as the defendant's age, character and behavior, environment, motive, means and result, and circumstances after the crime of this case, which led to the completion of the execution of the sentence on April 22, 2013, which led to a relatively sincere social life for about five years after being sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, by the Jeonju District Court on December 8, 2011, which led to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.
Therefore, the defendant's assertion of unfair sentencing is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court are all the same as that of each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act (influence and intrusion of a building), Article 329 of the Criminal Act (influence and intrusion of a building), and Article 329 of the Criminal Act, respectively;