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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
1. The punishment sentenced by the court below (eight months of imprisonment) is too unreasonable in light of the fact that the defendant repents and reflects the wrongness of the reasons for appeal.
2. Criminal facts acknowledged by the lower court for ex officio determination include that the Defendant invadedd into the house of Kimcheon-si Y victim Z on August 11, 2013. However, the lower court omitted the application of Article 319(1) of the Criminal Act, which is the relevant legal provision on the entry into the said house, and thus, the lower court was no longer able to maintain it.
3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without a need to decide on the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and the judgment below is again ruled as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as shown in the corresponding column of the original judgment, and thus, they are cited as it is.
Application of Statutes
1. Relevant provisions of the Criminal Act concerning criminal facts, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act (the use of each stolen credit card), Article 355 (1) of the Criminal Act, Article 347-2 of the Criminal Act, Article 330 of the Criminal Act, Article 319 (1) of the Criminal Act, Article 319 (1) of the Criminal Act (the use of each stolen credit card), Article 70 (1) 3 (the selection of imprisonment), Article 35 (1) of the Specialized Credit Finance Business Act, Article 347-2 of the Criminal Act
1. Article 35 of the Criminal Act among repeated crimes (as to the remainder after excluding the crimes in the part 2014 type No. 118 of the case at market time)
1. From among concurrent crimes, the fact that the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (as to the punishment prescribed in the most severe punishment at night, intrusion and larceny, heavy penalty) are divided, taken against the defendant, and is against the defendant, etc., shall be committed in favor of the defendant, or the same kind of crime as the defendant is committed.