주거침입등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, for two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal is that each sentence imposed on the accused (the first sentence: a fine of KRW 5 million; the order to complete a sexual assault treatment program for forty hours; the second sentence: imprisonment for eight months; a suspended execution for two years; the observation of protection; the order to provide community service for 120 hours; the order to attend a alcohol treatment lecture for forty hours) is too unfford and unfair;
2. Prior to the judgment on the grounds for appeal by the prosecutor's ex officio, the first, and second cases were examined and sentenced to a separate conviction against the defendant, and the prosecutor respectively filed an appeal, and the court decided to hold the above appeal jointly and severally.
However, each crime of the first and second judgment against the defendant shall be sentenced to a single sentence in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. In this respect, the first and second judgment against the defendant cannot be maintained as it is.
3. In conclusion, the judgment of the court below Nos. 1 and 2 is reversed, and the judgment of the court below is reversed and the judgment of the court below Nos. 1 and 2 is ruled as follows, without examining the prosecutor's improper grounds for reversal of sentencing.
Criminal facts
The summary of the facts charged by the court and the summary of the evidence are the same as the corresponding columns of the judgment of the court below in Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 298 of the Criminal Act, Article 319 (1) of the Criminal Act, and Article 311 of the Criminal Act concerning the facts constituting an offense;
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Protection and Order to attend lectures or community service orders;
1. Exemption from any disclosure order and any notification order: