주거침입
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, for three years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (the defendant) is too unreasonable as to the punishment imposed by the court below against the defendant (one year of imprisonment).
2. The crime of this case is deemed to be inferior in light of its details and methods.
The defendant's crime of this case seems to have suffered severe mental suffering.
The defendant, rather than seeing the way to recognize and reflect the mistakes in the investigation process or the original trial, was consistent with the attitude to avoid and escape the result of the crime.
On the other hand, the defendant appears to have a sense and reflect on the mental suffering suffered by the victim through confinement life for a considerable period of time. The crime of this case appears to be due to the mental disorder of the defendant. The parent of the defendant is making every effort to treat the defendant and prevent recidivism. The defendant is the first offender, and the defendant's age, character and behavior, environment, family relationship, motive and circumstance of the crime, means and result of the crime, and all the sentencing conditions of the argument of this case, such as the circumstances after the crime, are considered to be too unreasonable.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.
【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime and summary of evidence recognized by the court, and thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 319 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The reasons for sentencing in Article 62-2(1) and (2) of the Probation Criminal Act are as follows.