The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, for three years from the date this judgment became final and conclusive.

1. It is unfair that the sentence of the court below's sentence against the defendant (two years of imprisonment and three years of suspended sentence) is too unhutiled.

2. Prior to the judgment on the grounds for appeal ex officio, prior to the judgment on the grounds for appeal of ex officio, the prosecutor applied for changes in the indictment with regard to "violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.)" in the name of the crime as "special intrusion into a structure", "Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act and Article 319(1) of the Criminal Act" in the applicable provisions of the Act as "Articles 320 and 319(1) of the Criminal Act", and since this court changed the subject of the judgment by permitting it, the judgment of the court below cannot be maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the prosecutor, and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts of the crime in the judgment of the court below, except for the cases where "1. Violation of the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.)" has been raised as "1. Special Building Intrusion."

Application of Statutes

1. Article 320, Article 319 (1) of the Criminal Act (the occupation of special structures) and Article 166 (1) of the Criminal Act concerning facts constituting an offense;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act from among concurrent crimes (to the extent that the punishment is added up to the maximum of the punishment of the above two crimes)

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of applicable sentences under law: Two years to thirty-five years of imprisonment;

2. Basic crimes according to the sentencing criteria: Imprisonment with prison labor for the basic field of crimes of general buildings and fire prevention (the scope of recommending punishment).