주거침입
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for seven months.
1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. The lower court determined that: (a) the Defendant committed the instant crime that was committed by the Daegu District Court on March 18, 2016, when the Defendant was sentenced to three years of imprisonment for the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape) at the Daegu District Court on March 18, 2016, and the judgment became final and conclusive on the 21st of the same month, and that he again committed the instant crime that had the intent to commit the same sex crime even during the current suspended period, and that the
However, in light of the fact that the Defendant followed the victim at a distance of 500 meters or more, followed the victim at a distance of 10 minutes or more in light of the walking speed, and that the victim and the F's clothes also fell close to the victim, and that at least in the course of intrusion upon the victim's residence, the Defendant was extremely close to the victim, the Defendant’s assertion that the Defendant mistaken the victim as F is difficult to accept was sentenced to the above punishment.
However, in full view of the fact that the Defendant reached an agreement with the victim at the time of the trial, and all the sentencing conditions in the instant case, including the Defendant’s age, occupation, environment, and circumstances after the commission of the crime, the lower court’s punishment is heavy.
Since it is determined, the above argument of the defendant is reasonable.
3. According to the conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and the following is ruled again after pleading.
[Grounds for a new judgment] The criminal facts of the defendant and the summary of the evidence recognized by the court are identical to the facts constituting the crime of the defendant and the summary of the evidence, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. The pertinent Article of the Criminal Act regarding criminal facts, Article 319(1) of the Criminal Act regarding the selection of punishment, and the grounds for sentencing prior to the sentencing of imprisonment.