A defendant shall be punished by imprisonment for two years.

2. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.

In this court, the prosecutor applied for the permission to amend the bill of amendment to the contents that "quasi-Robbery" in the name of the defendant, "quasi-Robbery", and "Articles 335 and 333 of the Criminal Act" in the applicable provisions of the Act, "Articles 342, 335 and 333 of the Criminal Act", and since this court permitted this and changed the subject of the adjudication, the judgment of the court below is no longer maintained.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

For the purpose of law

1. Relevant legal provisions and Article 319 (1) of the Criminal Act concerning facts constituting an offense (the points of intrusion upon residence, the choice of imprisonment), Articles 342, 335, and 333 of the Criminal Act (the points of attempted robbery);

1. Article 35 of the Criminal Act among repeated crimes (limited to the proviso of Article 42 of the Criminal Act for attempted robbery);

1. Articles 25(2) and 55(1)3 of the Criminal Act (with respect to attempted crimes and attempted robbery) of the said Act mitigated by law;

1. From among concurrent crimes, the following facts are favorable to the defendant: (a) both types of punishment under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (aggravating concurrent crimes with the punishment prescribed for a crime of attempted robbery heavier than punishment) are committed; and (b) the degree of assault by the defendant is not excessive in the case of a crime of attempted robbery; and (c) the extent of assault by the defendant is not excessive.

On the other hand, the defendant has been punished several times for the same crime, in particular.