주거침입
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (the suspended sentence: imprisonment with prison labor for a postponed period of six months, and observation of protection) is too unfluent and unfair.
2. The crime of this case is deemed to be a crime that intrudes upon a residence by entering the damaged female who found a breathly under the influence of alcohol by entering the entrance of the residence, and the victim seems to have suffered considerable mental shock, and thus, the crime of this case is not less complicated.
However, in full view of all the sentencing conditions shown in the records and arguments of this case, including the fact that the defendant's mistake is divided and reflected in the first offense, and that the injured person is not punished by the defendant by agreement with the victim at the court below, etc., the sentence imposed by the court below is judged appropriate, and it is not unfair because it is too uneasible. Thus, the prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.