주거침입등
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The sentence of the lower court (ten months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. We examine the reasoning of the judgment and the prosecutor together.
The crime of this case is committed by the defendant who intrudes on his residence, steals things, withdraws deposits from cash withdrawals, etc. It is considerably poor in light of the method and contents of the crime, and there are many criminal convictions for the defendant, and in particular, some of the crimes of this case are committed during the period of probation of imprisonment for the same kind of crime.
On the other hand, the fact that the defendant led to the confession of the crime of this case, and reflects his depth, and that the defendant seems to have partly influenced the crime of this case, such as stimulative disorder and alcohol dependence, which is the mental illness suffering by the defendant. The defendant appears to have been recovered considerably from the damage of the crime of this case due to the fact that the above victim does not want the punishment of the defendant, the defendant's 6 million won was repaid by the defendant's stimulative disorder and the stimulative disorder, which is the mental disease suffering by the defendant.
In full view of the aforementioned circumstances and the equity of sentencing with cases of the same or similar nature as above, as well as the age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s punishment is too heavy as alleged by the Defendant, or it cannot be deemed unfair because it is too unreasonable as it is alleged by the prosecutor.
Therefore, the defendant and the prosecutor's above assertion are not accepted.
3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.