The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

The sentence of the court below (three years of imprisonment) with prison labor is too unreasonable.

The prosecutor of the judgment ex officio requested to modify the amendment of the Act on the Aggravated Punishment, etc. of Specific Crimes to "Habitual Special Theft" among the names of the crimes against the defendant, and "Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes," and "Articles 331 (1), 330, and 342 of the Criminal Act," respectively, "Article 332, 331 (1), 330, and 342 of the Criminal Act," and the subject of the judgment was changed by the court.

Therefore, the judgment of the court below is no longer maintained.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument for sentencing, and the judgment of the court below is reversed and it is again decided as follows.

Criminal facts

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

Application of Statutes

1. Relevant legal provisions of the Criminal Act and Articles 332, 331(1), 330, and 342 of the Criminal Act (general thief) concerning criminal facts;

1. Since a criminal record of a crime under Article 35 of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) has been committed on August 22, 2015, the Defendant, as stated in the judgment below, had been punished several times as a thief crimes, committed the instant crime even after having completed the prison term of the final punishment and having been released from the prison term for the crime of larceny, and committed the instant crime only two weeks after having been discharged from the prison term.

The defendant shall intrude another person's dwelling or a structure at night, and commit it with regard to theft or attempted crime, and it shall last 22 times through a period which does not conform to the method or quality of the crime, and the frequency of the crime remains half the month.

In addition, it is against the victims.