The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

1. The sentence imposed by the court below on the summary of the grounds for appeal (the 6-month suspended sentence of imprisonment) is too unfilled and unfair.

2. The determination that the Defendant was the primary offender, and that the Defendant’s mistake was seriously reflected after the commission of the crime, and that the victims were not punished may be considered as normal data favorable to the Defendant.

However, the Defendant’s crime of this case was committed by intrusion at night, knowing that young women who had been residing in the house were residing in, and searched after having been kept clothes, and the nature of the crime is very serious, the victims’ shock and suffering seems to have significantly high, and other factors of sentencing indicated in the records of this case are considered in full view of the following factors: (a) the sentence of the lower court is too unreasonable even if considering the favorable normal data as seen earlier, even if considering the aforementioned favorable normal data.

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the prosecutor is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to that stated in each corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Intrusion upon residence: Article 319(1) of the Criminal Act, and the choice of imprisonment;

(b) A residential search: Article 321 of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) and 50 of the same Act, which shall apply to concurrent crimes (an aggravated punishment for concurrent crimes prescribed for heavier residence search);

1. The sentencing of Article 62(1) of the Criminal Act (or, in the above grounds for reversal, a favorable resignation as seen above) is to be determined by taking account of the circumstances in the foregoing grounds for reversal, and the same sentence as the ordering is to be determined.