All appeals by the defendant and the prosecutor are dismissed.

Summary of Reasons for appeal

A. The Defendant did not carry the instant blade, which was a dangerous thing at the time of entering the victim’s residence.

Therefore, the judgment of the court below finding guilty of the facts charged on the premise that the person carried it.

B. The sentence of the lower court (two years of suspended execution in the period of eight months, and one hundred and twenty hours of community service order) is too heavy or unreasonable.

Judgment

A. According to the evidence duly admitted and examined by the lower court as to the assertion of mistake of facts, the following facts and circumstances are acknowledged.

① The victim stated that “the victim was stringed to correct the shock chain, but did not have been unsatisfed once a year” (Evidence No. 120 pages). After the Defendant intruded the victim’s residence, the string was cut, and the Defendant had no choice but to cut the string by using a knife, etc. to open the shock chain and intrude the boom.

② The instant knife was owned by the Defendant and was found below the victim’s house knife portion after the instant case.

If the Defendant did not possess the instant knife at the time, it is difficult for the Defendant to explain the reasons why the knife is located in the above location (the Defendant initially stated in the police officer’s inquiry into the location of the instant knife “on the house” (47th page of the evidence record). However, the Defendant was placed in the victim’s house knife of the instant knife of the victim’s photo discovered at the victim’s house.

In other words, the statements were made (Evidence No. 48 pages). In that context, the victim did not have the tools on the bendal side of the Vietnama.

(3) At the time of the instant case, the Defendant had the face from the victim E, one time to the balcony, and thereafter escaped through the benda window, and the mobile phone in the process of the instant case.