A defendant shall be punished by imprisonment for a term of one year and two months.

A. The respective sentences (the first sentence: imprisonment with prison labor; the second sentence; the imprisonment with prison labor for the four months; the third sentence: the imprisonment with prison labor for the four months; the two years of suspended execution with prison labor for the four months) that the court below sentenced to the defendant are too unreasonable.

(b)the sentence sentenced to the Defendant by the second instance judgment of the Prosecutor is too unhued and unreasonable;

2. Each appeal case against the defendant against the judgment below 1 to 3 was decided by the court below. On the other hand, each of the above judgment below's concurrent crimes is related to concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment, which has increased concurrent crimes pursuant to Article 38 (1) of the Criminal Act. Thus, each of the above judgment below cannot be exempted from reversal.

3. If so, the judgment of the court below is reversed ex officio as seen above, and the judgment below is reversed in entirety pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without examining the judgment as to the unjust argument of sentencing by the defendant and the prosecutor.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the first or third judgment. Therefore, it is citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act, Article 319(1) of the Criminal Act (a) (a point of intrusion upon a structure, choice of imprisonment), Article 330 of the Criminal Act (a point of larceny of intrusion upon a structure at night), Article 331(1) (a) of the Criminal Act (a point of larceny of intrusion upon a structure after night damage) and Article 360(1) of the Criminal Act (a) of the Criminal Act (a point of larceny of a structure after night damage) concerning the crime;

1. The reason for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 (an aggravated punishment of concurrent crimes against victim G with the largest punishment and punishment) of the Criminal Act by aggravation of concurrent crimes is that the crime of this case intrudes upon the structure managed by the victim D, and at night, the victim.