주거침입등
All appeals by the defendant and the prosecutor are dismissed.
1. As to the gist of the reasons for appeal (one year of imprisonment) by the lower court, the Defendant asserts that it is too unreasonable for the Defendant to be sentenced to imprisonment, while the Prosecutor appealed to the lower court by asserting that it is too unfasible and unfair.
2. The judgment defendant did not have any history of criminal punishment or imprisonment with prison labor for the same crime, and recognized all of his/her crimes.
However, even though the Defendant did not agree with the victims, even though he did not have any considerable mental impulse, separately from physical damage, due to intrusion upon the residence of the potential victims.
In addition, the defendant forced the victims to take an excessive water supply or die.
The responsibility is very rough and hot in light of the means, methods, etc. of the crime, such as threats.
Considering the above facts and other conditions of sentencing as seen in the instant case, including the Defendant’s age, sex, and environment, and the fact that there is no change in the sentencing conditions at the trial of the relevant party, the lower court’s punishment is within the reasonable scope of discretion and is not deemed unfair because it is too heavy or unbrupted.
Therefore, the defendant and prosecutor's argument of sentencing is without merit.
3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.