주거침입등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.
2. Determination is an unfavorable circumstance that the Defendant repeatedly committed violent crimes during a short period of time, and the nature of such crimes is not good, and that the Defendant did not agree with the victims up to the trial.
On the other hand, there are more favorable circumstances such as the fact that the defendant seriously repents his mistake, the fact that the degree of violence is relatively not more severe, and the defendant has no more severe penalty than the fine.
In addition, comprehensively taking account of the circumstances leading to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, the lower court’s punishment is deemed unreasonable, and thus, the Defendant’s assertion is reasonable.
3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled after pleading.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court and the summary of the facts charged and evidence are identical to each corresponding column of the judgment below, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 319(1) of the Criminal Act; Articles 322 and 319(1) of the Criminal Act; Article 260(1) of the Criminal Act; Articles 260(1) of the Criminal Act; Articles 319(1) of the Criminal Act; Articles 322 and 319(1) of the Criminal Act; Articles 260
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Prior to the reasons for sentencing under Article 62-2 of the Criminal Code of the Probation and Social Service Order, various circumstances were considered in light of the reasons for reversal.