A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

A. The lower court’s imprisonment (eight months of imprisonment) against the Defendant is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. We also examine the judgment and prosecutor’s allegation of unreasonable sentencing.

From June 28, 2019 to July 2, 2019, the Defendant repeatedly committed the instant crime against the victim eight times, and due to the instant crime, the victim was faced with extreme anxiety and fear of fear by the peace of residence.

In light of the date, frequency, method, etc. of the instant crime by the Defendant, the instant crime appears to be a planned crime, and the quality of the crime is very poor.

In addition, the defendant has been punished for night-time intrusion theft or intrusion upon residence.

On the other hand, the defendant shows the attitude to recognize and reflect the crime of this case, and has received mental treatment and psychological counseling after committing the crime, and will not repeat the crime after receiving treatment in the future.

The defendant paid the agreed amount to the victim for the first time, and the victim does not want the punishment.

In addition, the defendant supports his wife and two children, and has been detained for about six months and has an opportunity to reflect.

In addition, in full view of the Defendant’s age, character and conduct, motive and background of the instant crime, and the circumstances after the instant crime, the lower court’s punishment needs to be mitigated.

Therefore, the defendant's assertion of unfair sentencing is reasonable, and the prosecutor's assertion of unfair sentencing is without merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

【Reason for the Judgment of the Supreme Court】 The facts constituting a crime and summary of the evidence recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment of the court below.