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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. The defendant asserts that the court below's punishment (three years of imprisonment, four years of suspended execution, and probation) against the defendant against the summary of the grounds for appeal is too unreasonable, and the prosecutor asserts that the defendant is too uneasible and unfair.
2. The instant crime committed by the Defendant by intrusion upon another person’s restaurant at night, threatening the Victim FF, an employee, and forcibly taking property, which led to the risk of the act, is reasonable, and the nature of the crime, such as the Criminal Procedure Act, is also poor.
As a result, the above victim seems to have suffered a huge mental impulse.
In addition, the defendant has been punished several times due to larceny, etc.
However, it is reasonable to consider the defendant as favorable to the defendant, such as the fact that the defendant led to his confession of the crime and misunderstanding in depth, most of the damaged goods that were forcibly returned to the above restaurant operator E, the victim, that the defendant paid an agreed amount of KRW 10 million to the victims, that the defendant would have caused the crime of this case, that the defendant is receiving counseling and medical treatment, that the defendant has engaged in a normal social life, such as participating in volunteer activities for difficult neighbors while operating a restaurant of several military courts, and that the social relationship and support system for the defendant is relatively sound, such as the fact that several family members and branch members of this case want to take the defendant's preference, and that there are relatively sound social relationship and support system for the defendant.
In full view of all the sentencing conditions shown in the records and arguments of this case, including the Defendant’s age, family relation, criminal record, character and conduct, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, it cannot be deemed that the lower court’s punishment is too heavy, or that it is unreasonable to destroy it because it is too unreasonable.