A defendant shall be punished by imprisonment for not less than one year and six months.

2. While under the influence of alcohol, the Defendant forced the victim to take the victim’s room by force, and the victim set up against the victim not to have his/her room cut off, and led the victim to suppress his/her resistance and force him/her of his/her belongings.

Considering the contents, circumstances, methods, etc. of these crimes, the quality of such crimes is not good.

Although goods, other than cash, were found by the victim, it is difficult to evaluate that it was the wind to find out the things that the defendant left another place immediately after the crime, and it was difficult to recover the damage.

These points are disadvantageous to the defendant.

However, the defendant shows his attitude to recognize and reflect all of the crimes of this case.

Although the defendant has been sentenced to suspended sentence due to the same crime, it is a previous criminal record for about 10 years.

In addition, the profit acquired by the defendant in this case is about KRW 100,000 only.

In addition, considering the defendant's age, career, character and conduct, environment, family relationship, motive of crime, means and result of crime, various sentencing conditions as shown in the records and arguments, the sentence of the court below is too unreasonable.

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 as the defendant's appeal is reasonable.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 333 of the Criminal Act concerning criminal facts