1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for two years;

1. The sentence imposed by the court below (two years and six months of imprisonment) is too unreasonable.

2. The crime of this case is an unfavorable circumstance where the defendant habitually intrudes on the structure of the victims at night, steals money and valuables, steals money and valuables, stolen money and valuables, or stolen money and valuables, or stolen property equivalent to KRW 3,618,500, and then stolen money and valuables in an attempted attempt after destroying or destroying part of the structure at night, and the crime of this case is bad, and even if there were several records of punishment for the same kind of crime, the defendant committed the crime of this case at once during the repeated crime period, and there is no complete recovery from damage up to now.

However, there are favorable circumstances such as the Defendant’s confession of the instant crime and the Defendant’s mistake in depth, the partial crime was committed, and the amount of individual damage was not so significant, and some victims were not punished against the Defendant, and the fact that part of the damage was returned to the victim.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and other various sentencing conditions shown in the records and arguments, the sentence imposed by the lower court is deemed unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. In conclusion, 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.

Criminal facts

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

Application of Statutes

1. Articles 32, 331 (1), 330, and 342 of the Criminal Act applicable to the facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes;