Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

2. The Defendant’s intrusion upon another’s residence and theft of KRW 46.4 million, and the nature of the offense is not good, etc. that are disadvantageous to the Defendant.

However, the defendant reflects his wrong and agreed with the victim, and the victim is not subject to the punishment of the defendant, and the defendant has no record of punishment before the case, etc. are favorable to the defendant.

Considering the above circumstances and the Defendant’s age, character and conduct, environment, the circumstances leading up to the instant crime and circumstances after the instant crime, etc., the lower court’s punishment is deemed to be too unreasonable.

Therefore, the defendant's above assertion is justified.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

【Grounds for the Judgment of the Supreme Court which has been written] The summary of facts constituting a crime and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of

Application of Statutes

1. Relevant Article 319(1) of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, and the selection of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Prior to the reason for sentencing under Article 334(1) of the Criminal Procedure Act, all circumstances as seen above were considered in light of the reason for reversal.