폭력행위등처벌에관한법률위반(공동주거침입)등
The defendant's appeal is dismissed.
The main point of the defendant's appeal grounds is that the defendant who must care for the identification of a secret and administered illness is difficult to carry out the protection observation order and the community service order. Thus, the sentence of the court below (ten months of imprisonment, two years of suspended execution and one year of probation observation, one year of community service, and 120 hours) imposed on the defendant is too unreasonable.
However, there is little inconvenience for the care of the wife due to the implementation of the protection observation order and the community service order imposed by the court below.
Article 147-2 (3) of the Regulation on Criminal Procedure provides that the protection supervisor shall not interfere with his/her normal life when carrying out a community service order.
In full view of the fact that the Defendant has already been punished by injury or other acts of violence, etc. several times, and other circumstances that are conditions for sentencing, such as the age, environment, content and nature of the offense, and circumstances after the offense, it is reasonable to prevent recidivism and to improve the character and conduct of the Defendant through the community service work, and to raise the awareness of compliance, and thus, the sentence of the lower court is too unreasonable.
Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.