A defendant shall be punished by imprisonment for six months.

1. The decision of the court below against the defendant in light of the gist of the grounds for appeal is too unreasonable.

2. In light of the following: (a) the Defendant had the record of criminal punishment three times for larceny, including the previous convictions sentenced to suspended sentence due to night intrusion theft; (b) the Defendant’s residence is not fixed and it is difficult to expect correction within society because there is no relationship with his/her family; (c) the crime of this case committed by intrusion into a center for older persons at night on two occasions, which stolen goods and stolen goods; (d) the Defendant did not agree with the victims; and (e) did not make any effort to recover from damage, it is inevitable to sentence the Defendant.

However, in light of the fact that the defendant led to the confession of the crime in this case, the total amount of damage caused by the crime in this case is relatively small of KRW 58,00,000 in total, and the defendant who had been living in the old-age room without participating in the pain and went into the center for older persons at night and there is a need to take into account the circumstances leading up to the commission of the crime that steals a small amount of money to drink and drink, and taking into account various sentencing factors in this case into account, the court below's punishment is too unreasonable.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

[Reasons for the decision to see] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is citing it as it is in accordance

Application of Statutes

1. Article 330 of the Criminal Act concerning the facts constituting the crime;

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