A. The Prosecutor’s first instance judgment’s punishment (three years of suspended execution in one year and six months of imprisonment, probation, community service order 120 hours, confiscation) is too uneased and unreasonable.

B. The punishment of the lower court’s judgment (one year of imprisonment, confiscation) is too unreasonable.

2. Ex officio determination

A. Prior to the judgment on the grounds for appeal, this Court held ex officio each appeal case against the judgment of the court below jointly and tried. Each of the offenses against the judgment of the court below should be sentenced to a single punishment in relation to a single offense. In this regard, the judgment of the court below cannot be exempted from all reversal.

B. In addition, the prosecutor filed an application for changes in the indictment with the same content as the following facts constituting the crime at the trial court, and the subject of the trial at this court was changed by permitting it, the judgment of the court below was no longer maintained at this point.

3. If so, the judgment of the court below is reversed, without examining the grounds for ex officio reversal and the defendant's allegation of unfair sentencing, and all remaining parts of the judgment below excluding the rejection of the application for compensation order by the second instance judgment among the judgment below under Article 364 (2) of the Criminal Procedure Act are reversed, and the judgment below is again

Criminal facts

The summary of the facts of the crime and evidence acknowledged by this court are as follows: "the defendant" in the judgment below's criminal facts that he/she committed in his/her way and steals cash, etc. into the restaurant that finished his/her business on June 2014 and used it as daily living expenses; on June 1, 2014 through June 03:00 to April 13, 2015, he/she tried to open the above camera page which was not locked in front of "E" operated by the victim D, which was operated by the victim D; however, he/she did not discover any stolen goods into the above camera, but tried to steals the victim's goods. However, he/she did not discover any stolen goods, but did not commit it to the attempted crime, from the end of June 2014 to the end of April 13, 2015.