A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

2. The judgment of the court below is based on the following facts: the crime of this case is found to have been committed by the defendant by intrusion upon the victim's residence, theft of cash and precious metals, etc., and the victim's face and chest part, etc., and the degree of injury suffered by the victim I cannot be deemed to have been light; although it appears that the degree of injury suffered by the victim I is not easy, the defendant recognized all the charges of this case and reflects the defendant's depth; the total damage amount caused by each larceny crime of this case is not more than 658,00 won, and the damage amount caused by each larceny crime of this case is not more than 658,00 won, and all of the damage amount caused by the victim H is deemed to have been returned (the evidence records No. 79 of this case No. 2016DaDa9999). In particular, since the defendant was detained in the court of first instance, there is no criminal conviction, and the defendant's age and character, circumstances, etc. of the defendant's living within 2 months.

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.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as that of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act, Articles 322 and 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, Article 319 (1) of the Criminal Act, and Article 257 of the Criminal Act concerning criminal facts.