주거침입등
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that the lower court’s punishment (two years of suspended sentence for six months of imprisonment, 40 hours of order to attend a lecture, and see protection) is unfair because it is too unfasible (the prosecutor stated his opinion that the Defendant shall be punished by imprisonment with prison labor for one year and six months). 2. The purpose of the judgment was very dangerous for the Defendant to intrude into a residence, and the Defendant did not agree with the victim of the crime of intrusion into a residence.
However, the Defendant is in profoundly against the crime, and the Defendant, on the premise that he voluntarily ceased to commit the crime and does not enter the house of the victim, did not infringe the peace of the victim’s residence, and agreed with the victim in the crime of damage.
In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, motive, means, and consequence of the crime, all of the sentencing conditions in the instant case, such as the circumstances after the crime, etc., it cannot be deemed that the lower court’s sentence against the Defendant should be too uneased and reversed.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.