The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

The court below’s order for compensation shall be revoked, and

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and two months, and compensation order) imposed by the court below is too unreasonable.

2. Determination

A. Although the Defendant had a record of criminal punishment several times due to a crime similar to each of the crimes of this case, the character and conduct of the Defendant is not improved. In particular, even though the Defendant committed the crime of this case even during the period of repeated crime due to intrusion upon residence for the purpose of larceny, the fact that the Defendant committed the crime of this case is disadvantageous to the Defendant.

However, in light of the fact that the defendant shows the attitude of recognizing and opposing the crime of this case, and that the victim was compensated for damage in the course of the trial, and that the victim submitted a written agreement to the effect that the defendant did not want the punishment of the defendant, the court below's punishment is somewhat unreasonable.

B. According to the records of the judgment on the part of the compensation order, the court below ordered the applicant to pay the compensation amount of 6,126,000 won for theft damage by accepting the application of the applicant for compensation order by the applicant for compensation, but it can be acknowledged that the defendant paid 4,00,000 won to the applicant for compensation when the defendant was in a trial, and that he agreed with the applicant for compensation.

Therefore, it is not reasonable to issue an order for compensation because the scope of the defendant's liability for compensation against the victim is not clear (see Supreme Court Decision 201Do4194, Jun. 10, 201). Of the judgment below, the part of the order for compensation cannot be maintained as it is.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is judged again after pleading. Since the part of the court below's order for compensation is not reasonable, it is about the promotion of litigation, etc.