특수주거침입등
The defendant's appeal is dismissed.
1. The lower court’s sentence (one year of imprisonment, confiscation) against the Defendant on the summary of the grounds of appeal (unfair sentencing) is too unreasonable.
2. In a case where there is no change in the conditions of sentencing compared with the first instance court in comparison with the judgment, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). There is no change in the conditions of sentencing compared with the lower court’s failure to submit new data on sentencing at the trial, and the circumstances in which the Defendant alleged unfair reasons for sentencing have already been reflected in the sentencing grounds of the lower court. The instant crime is deemed to have already been reflected in the sentencing grounds of the lower court. The instant crime was committed in Vietnam with the Defendant’s mind that the victimized person invaded into the victim’s residence by detecting the victim, and preventing the victim from suffering from the defect in which the victim tried to flee, and thus, in light of the motive and method of the crime, etc., it is not good to view that the Defendant was subject to punishment by taking into account the motive and method of the crime, etc., and that the Defendant did not agree with the following the Defendant’s motive and circumstances.
Defendant’s assertion is without merit.
3. Accordingly, 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.