주거침입
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Defendant 1) Under the influence of liquor at the time of the instant crime, the Defendant was in a state of mental disability. (2) The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination
A. In light of the background of a crime recognized by the record, the method and method of the crime, and the circumstances before and after the crime, etc., such as the Defendant’s purpose of intrusion upon his/her residence according to the victim and his/her previous and previous situation, etc., even if the Defendant was under the influence of alcohol at the time of the crime, it does not seem that the Defendant’s ability to discern things or make decisions is weak.
Therefore, the defendant's above assertion is without merit.
B. The Korean Criminal Procedure Act, which adopts the trial-oriented principle and the principle of direct determination of the grounds for unfair sentencing by both parties, has the unique area of the first instance court concerning the determination of sentencing, and where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, the appellate
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The instant crime committed by the Defendant was committed by the victim following his/her residence in order to satisfy his/her consent to sexual impulse, and is highly dangerous and dangerous, and thus, is not good enough to commit a crime. Therefore, it is necessary to punish the Defendant. However, there is a record that the Defendant was hospitalized in several times due to mental illness, such as alcohol addiction, depression, and over-the-counter, etc., and it is against the beginning of the investigation recognizing the instant crime from the beginning of the investigation.
There are no new special circumstances or changes in circumstances that can be reflected in sentencing after the original judgment is sentenced.
In addition, the records and arguments of this case, such as the defendant's age, character, behavior and environment, are shown.