The defendant's appeal is dismissed.

1. Of the facts charged in the instant case, the lower court rendered a judgment of conviction on the charge of intrusion upon residence, and rendered a judgment of innocence on the charge of embezzlement of possession deserted articles, and filed an appeal on the guilty portion only by the Defendant.

Therefore, since the part of the judgment of the court below which was not acquitted by the prosecutor is finalized, it is limited to the guilty part of the judgment of the court below.

2. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant, who was physically and mentally weak, was under the influence of alcohol.

B. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

3. Determination

A. According to the record as to the assertion of mental and physical weakness, the Defendant committed the instant crime under the lack of the ability to discern things or make decisions at the time of the instant crime.

Therefore, this part of the defendant's assertion is not accepted.

B. As to the unfair argument of sentencing, the court below did not change the circumstances (in light of the situation surrounding the main intrusion, the crime committed again, multiple criminal records, etc. even after being sentenced to a fine more than four times during the period of repeated crimes in light of the nature of the crime and the circumstances leading up to the repeated crime), and there is a question as to whether the detention house is genuine in light of the attitude of accepting a violation of autonomous regulations in the detention house, and other factors for the punishment that are shown in the records and arguments in this case, it is judged that the sentence imposed by the court below is appropriate, and is too unreasonable, and therefore, it does not seem unfair. Therefore, the defendant

4. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.