The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, the above punishment shall be imposed for a period of four years from the date this judgment becomes final and conclusive.

1. The prosecutor of the judgment ex officio shall apply for the amendment of the Act on the Punishment of Violences, etc. (damage to a group, deadly weapon, etc.) to "damage to a special property" among the names of the crimes against the defendant in the trial of the defendant, and the "Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act and Article 366 (1) of the Criminal Act" in the applicable law shall be "Articles 369 and 366 (1) of the Criminal Act" as "Articles 369 and 366 (1) of the Criminal Act", and in the indictment subject to the indictment, "the Punishment of Violences, etc. Act (damage to a group, deadly weapon, etc.)" has been changed to "damage to a special property, theft," and this part shall be sentenced to one punishment in the former part of Article 37 of the Criminal Act as stated in the judgment of the court below. Thus, the judgment below shall no longer be maintained in this regard.

2. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows.

Criminal facts

The summary of the judgment of the court below and the summary of evidence are as stated in the corresponding column of the judgment of the court below, with the exception of the violation of the Punishment of Violences, etc. Act (damage to a group, deadly weapon, etc.) and the theft "4. Special Property damage and theft" committed by the five pages of the judgment of the court below.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 166(1) of the Criminal Act (the prevention of fire to each general building), Article 330 of the Criminal Act (the points of larceny by intrusion into each night house), Article 330 of the Criminal Act (the points of larceny by intrusion into each night building), Articles 342 and 330 of the Criminal Act (the points of larceny by intrusion into each night house), Articles 369(1) and 366 of the Criminal Act, Articles 329 of the Criminal Act (the points of attempted larceny by intrusion into night house), Articles 329 of the Criminal Act (the point of destroying dangerous property, the choice of imprisonment), Articles 342 and 329 of the Criminal Act, Articles 342, 329 (the choice of each imprisonment), and Article 319 (1) of the Criminal Act (the charges of intrusion into each house) of the Criminal Act.