The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive.

1. The lower court’s sentence (three years of suspended execution, observation of protection, and confiscation in two years of imprisonment) on the summary of the grounds of appeal is deemed to be too uneasy and unreasonable.

2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, the prosecutor applied for changes in the name of the crime against the violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) to "special intrusion upon residence" among the facts charged in this case, and the applicable provisions of the law "Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act and Article 319 (1) of the Criminal Act" in "Article 320 and Article 319 (1) of the Criminal Act" to "Article 320 of the Criminal Act and Article 319 (1) of the Criminal Act," and the judgment of the court below may no longer be maintained since the subject of the trial was changed by permitting this.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed in accordance with the above decision of the court below, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and evidence admitted by this court is as follows: Article 369 of the Criminal Procedure Act, except for the alteration of the "Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)" to "special intrusion upon residence" by the 14th sentence of the judgment below, and thus, the summary of the facts charged and evidence is identical to the corresponding column of the judgment below.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 255, 250(1) (the preparation for murder) of the Criminal Act, Articles 369(1), 366 of the Criminal Act (the special purpose of destruction and damage, the choice of imprisonment), Articles 320 and 319(1) of the Criminal Act (the occupation of intrusion upon special residence);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Code of the Suspension of Execution (the grounds for the following sentencing)