Defendant

In addition, all appeals filed by the person subject to attachment order, the person subject to probation order and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Inasmuch as the Defendant and the person subject to an order to attach an electronic device, and the person subject to a request for probation order (hereinafter referred to as the “Defendant”), the Defendant, by misapprehending the legal doctrine, entered the entrance of Bara at the time of committing the crime under paragraph (4) of the criminal facts indicated in the lower judgment, and did not infringe on the scheme, this does not constitute a residential intrusion. 2) The sentence imposed by the lower court of unfair sentencing (five years of imprisonment) is too unreasonable.

B. In view of the fact-finding following the lower court’s determination of the facts as to the acquittal portion, the Defendant was sufficiently proven by the evidence submitted by the prosecutor on February 23, 2010. ① The Defendant denies the end of other crimes of which the Defendant was subject to a disposition of non-guilty suspicion, but led to the confession of the above charges at the time of the three-time investigation by the prosecution, and thus, the credibility of the confession is high. ② The instant crime is the same as other crimes found guilty, and the method is very similar to the victim’s chest and the escape, and is also adjacent to the place. ③ The instant crime was committed during the period of leave of the Defendant who was in military service. ④ The Defendant’s age and increase are consistent with the victim’s statement. ② The sentence imposed by the lower court on unreasonable sentencing is unreasonable.

3 Since the defendant in the case of the probation order and the attachment order is likely to repeat a crime, it is necessary to attach an electronic device for 20 years and put a probation for 5 years.

Nevertheless, the judgment of the court below which dismissed the defendant's request for attachment order and ordered probation only for three years is unlawful.

2. Determination

A. The stairs commonly used in multi-family housing, such as multi-households, multi-household houses, non-household houses, apartment houses, etc., for which the Defendant asserted the misapprehension of the legal doctrine, are naturally annexed to the exclusive part of each household or household used as a residence, and are determined by the relevant residents.