The judgment of the court below (excluding the part of an application for compensation order) shall be reversed.

A defendant shall be punished by imprisonment for three years.

seizure.

1. The court below rejected the application for compensation order filed by the applicant E, and the applicant for compensation cannot file an objection against the judgment dismissing the application for compensation pursuant to Article 32(4) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, and this part is excluded from the scope of the judgment of this court.

2. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (three years of imprisonment) is too unreasonable.

3. Determination was made after the change in the pertinent part of the Act before the change, on the grounds that Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 331(1), Articles 330, and 342 of the Criminal Act, Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 329, 331(1), 330, and 342 of the Criminal Act did not bring about a theft due to the following circumstances: (a) the person’s door was destroyed at night and intruded into his/her residence at night until October 14, 2016; and (b) the purport that the person attempted to steals goods or to detect stolen goods was not committed.

As a result, the Defendant was sentenced to more than twice of larceny, and was habitually stolen the victim's property within three years after the execution of the punishment was completed.

Until October 14, 2016, there was no intention that a person was trying to steals due to the circumstances, such as the destruction of another person's door and intrusion on residence at night, theft of objects or discovery of stolen objects, etc., and that another person's object was stolen.

As a result, the Defendant was sentenced to two or more penalties for larceny, and was habitually punished within three years after the execution of the sentence was completed, again, stolen or attempted to steal the victim's property.

Before the judgment on the grounds for appeal on the attached list of crimes in the list of crimes in the judgment of the court below, prior to the judgment on the grounds for appeal on the list of crimes in the attached list of crimes in the judgment of the court below, the prosecutor shall make ex officio the applicable provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and the charges