특수주거침입등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
The seized scopic scopics (No. 1), lives.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for ten months) of the lower court is too unreasonable.
2. The judgment of the defendant in a de facto marital relationship is not reached an agreement between the victim F and the defendant, three times a criminal conviction for the crime of larceny, etc., three times a suspended sentence, and three times a criminal conviction, and in particular, the defendant committed the crime of this case without being aware of a repeated crime during the period of a repeated crime and without being aware of it. < Amended by Act No. 1014, Mar. 2, 201; Act No. 1488, Dec. 31, 2011>
However, in light of the fact that the defendant fully recognized the crime and made a mistake against the defendant, the court below agreed with the victim C, and that the defendant was not subject to punishment against the above victim for the first time in the trial, and that the victim E and the defendant submitted a written application for punishment against the above victim even by mutual consent between the victim E and the victim in the trial, it is more favorable that the above victim submitted the written application for punishment against the defendant. In addition, considering all the defendant's age, character, character, environment, background and motive leading up to the crime, method and consequence of the crime, circumstances after the crime, etc., the court below's punishment is somewhat unreasonable.
Therefore, the defendant's above assertion is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
【Grounds for the Judgment of the Supreme Court】 Facts constituting a crime and summary of evidence recognized by the court.