I would side with not negotiating with dictators and I'd let a man that committed a crime serve out his punishment.
So, by your rationale, such as it is, all Americans imprisoned by dictators anywhere in the world must suffer their fate without intervention or diplomatic effort to release them. No matter what the crime, no matter what the punishment, the concept of negotiation with dictators takes precedence over human rights or the safety of imprisoned American citizens. That about sums it up, right?
If an American violates the law then yes
they should be punished the same way we punish foreigners who come here and commit crimes. Your strawman argument is rather broad and very weak, in this situation regarding N. Korea, the man illegally entered the country and that is in violation of the law and he
should be punished according to N. Korea's laws. Just because America has a habit of letting illegal alien criminals go free doesn't mean that all nations should also.