The part of the judgment of the court below excluding the compensation order shall be reversed.

A defendant shall be punished by imprisonment for two years.

1. Summary of grounds for appeal;

A. Defendant 1’s punishment (two years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence (the first instance judgment as above, the second instance judgment as above: the fine of KRW 3 million) of the lower court is too uneased and unreasonable.

2. Prior to the judgment on the grounds for ex officio appeal, this Court decided to hold a joint hearing of the appeal cases against the judgment below. Each of the judgment below against the defendant is in concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence should be imposed within the term of punishment, which increased concurrent crimes in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained any more.

3. As such, the judgment of the court below is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act without examining the above unfair sentencing argument by the defendant and the prosecutor, and the judgment below is reversed and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each 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. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 331(2) and 331(1) of the Criminal Act concerning the selection of punishment (special larceny), Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act (in the event of intrusion on a structure or room, punishment by imprisonment), Article 330 of the Criminal Act (in the event of intrusion on a structure at night, theft or intrusion on a room at night), Articles 342 and 329 of the Criminal Act, each of the Criminal Act, Articles 342 and 329 of the Criminal Act, Article 347-2 of the Criminal Act (in the event of attempted larceny, occupied by a computer, etc.), Article 347-1 of the Criminal Act (in the event of fraud by use of a computer, etc.), Article 347 of the Criminal Act (in the event of fraud, punishment by imprisonment);

1. The defendant on the grounds for sentencing of Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (the punishment shall be aggravated) of the Criminal Act (the aggravated punishment shall be imposed on a victim A who has the largest penalty for concurrent crimes).