The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of two years and two months.

Victims of seized evidence 5 to 18 shall be victims.

1. The summary of the grounds for appeal: The sentence of imprisonment (two years and six months, etc.) by the lower court is too unreasonable.

2. We examine ex officio the grounds for appeal prior to the judgment ex officio.

A. On October 26, 2019, the Defendant: (a) around 21:20 on the facts charged in the instant case, at around October 26, 2019, was in front of the Jhion’s International Airport located in Busan Shipping Daegu G; and (b) the Defendant was attempted to remove the corrected outer wall window between the victim and the victim in front of the pentashion, and to remove the goods owned by the victim by entering the room. However, the Defendant was tried to have the wind, which was discovered to the victim and his/her driving.

Accordingly, the defendant tried to steal the victim's property by destroying the window of the above pentthy Jheading room at night, and by impairing the victim's residence, but did not commit any attempted crime.

B. Determination 1) Article 331(1) of the Criminal Act provides that a person who steals another’s property by destroying or destroying part of a door, a wall, or other structure at night and impairing the place under Article 330 of the Criminal Act shall be punished by imprisonment with prison labor for not less than one year nor more than ten years. The term “damage and damage” under Article 331(1) of the Criminal Act refers to physically damaging a door, a wall, or other structure to lose its utility (see, e.g., Supreme Court Decision 2015Do7559, Oct. 29, 2015). In addition, “residential” under Article 330 of the Criminal Act refers to a place where a person lives in order to lead a daily life, and it does not need to be permanently established, but a place partitioned within a building such as a hotel, a guest room, or a building office falls under “the prescribed room” under Article 330 of the Criminal Act. 2) In full view of the evidence duly admitted and investigated by the lower court, the lower court committed special larceny charges.

However, in full view of the evidence duly adopted and examined by the court below (10-12 pages of evidence in 2020 high-scale 176 case) the defendant's outer wall.