The defendant's appeal is dismissed.

The sentence of the court below (three years of imprisonment) with prison labor is too unreasonable.

Judgment

There are circumstances that can be considered favorable to the defendant, such as the confession of all crimes and the misunderstanding of the defendant, the amount of damage to property of the victim caused by the crime of the defendant is relatively minor and the victim is not physically different, and there is no criminal conviction for the defendant.

However, in full view of all the sentencing conditions, including the Defendant’s age, sex, environment, motive, background, means and consequence of the crime, the circumstances after the crime, and the scope of recommending punishment according to the sentencing guidelines of the Supreme Court sentencing committee, etc., it cannot be deemed unfair because the sentence imposed by the court below is too unreasonable, in light of the following: (a) the crime of this case committed by the Defendant was committed with a deadly weapon prepared by the Defendant and invaded upon the victim’s residence, and thereby forcibly taking property by threatening the victim with a deadly weapon; and (b) the victim did not reach an agreement with the victim even though the victim was faced with considerable mental impulse; and (c) the victim did not intend to punish the Defendant; and (d) the victim did not wish to do so.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act for the reason that the appeal by the defendant is groundless.