The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. Grounds for appeal;

A. The punishment of the lower court (unfair imprisonment for eight months) is too unreasonable.

B. The prosecutor (e.g., imprisonment with prison labor) of the lower court is too unhued and unreasonable.

2. The Defendant, in 2012, was sentenced to imprisonment with prison labor for night intrusion larceny for ten (10) years, and was sentenced to two (2) years of probation and did not know about the fact that the instant crime was committed without being aware of the fact that the Defendant committed the instant crime. The fact that the instant crime was committed by intrusion upon the victim’s house windows, and intrusion upon the residence, and that it is not good to commit the crime of larceny, is disadvantageous to sentencing.

However, in full view of the fact that the amount of damage was not so significant due to the instant crime, the Defendant appears to be somewhat heavy, in full view of the following circumstances, such as the Defendant’s age, character and environment, occupation, power, background, means and consequence of the instant crime, circumstance before and after the instant crime, etc., the sentence of the lower court is somewhat heavy.

Therefore, the defendant's assertion of unfair sentencing is reasonable, and the prosecutor's assertion of unfair sentencing is without merit.

3. According to the conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable, and the following decision is

(3) Article 369 of the Criminal Procedure Act provides that “If an appeal by a defendant is reversed on the grounds that the appeal by the court below is well-grounded, the prosecutor’s appeal shall not be dismissed.” The gist of the facts constituting an offense and evidence is the same as that of the judgment below.”

Application of Statutes

1. Articles 319 (1) and 329 of the Criminal Act applicable to the crimes;

1. The Criminal Act among concurrent crimes.