The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court is too uneased and unreasonable.

2. Prior to the judgment on the grounds for appeal, prior to the judgment on the grounds for appeal, the prosecutor examined ex officio, and the prosecutor applied for the modification of indictment with the contents of "violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.)" as "special intrusion upon residence", "Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, and Article 319(1) of the Criminal Act" as "Articles 320 and 319(1) of the Criminal Act" among the applicable provisions of the Act, and since the judgment of the court was changed by permitting it, it cannot be maintained as it is.

3. Therefore, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, on the grounds of ex officio reversal, and the judgment below is again decided as follows through pleading.

Criminal facts

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

Application of Statutes

1. Article 329 of the relevant Criminal Act, Articles 320 and 319 (1) of the Criminal Act, Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act concerning the crime;

1. Selection of imprisonment with prison labor for selective larceny of punishment;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes is that the nature of the crime in this case is not less than that of the crime in this case, and that the defendant committed the crime in this case during the repeated crime period, etc., which is disadvantageous to the defendant, and that the defendant has a mental and physical disability caused by depression.