The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for not less than two months.

1. The lower court found the Defendant guilty of infringing on the structure among the facts charged in the instant case, but acquitted the Defendant on the charge of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) on the Aggravated Punishment, etc. of Specific Crimes.

As to this, only the defendant appealed against the above guilty part, and the above innocence part is separated or finalized as it is, the above innocence part shall be excluded from the scope of the trial of this court.

2. Summary of grounds for appeal;

A. In fact, the Defendant merely entered the pention operated by the victim who intends to drink water, and the pention is a place where the public access is permitted, and the Defendant’s machine time in the above pention is not about about 16 minutes, and the Defendant’s de facto peace was harmed.

Considering that it is difficult to see that the Defendant had intentionally infringed on a structure.

It is difficult to see it.

However, the judgment of the court below which acquitted this part of the facts charged is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence of the lower court (three months of imprisonment) against an unfair defendant in sentencing is too unreasonable.

3. According to the records of this case, it is recognized that the defendant was sentenced to ten months of imprisonment with prison labor for night structure intrusion larceny at the Jeju District Court on April 16, 2020 and the judgment became final and conclusive on September 25, 2020.

Therefore, inasmuch as the crime of intrusion on a structure and the crime of larceny against the defendant at night, which became final and conclusive in the judgment below, is in a concurrent relationship with the latter part of Article 37 of the Criminal Act, and the punishment for each crime should be imposed in consideration of equity with the case where the judgment is to be rendered at the same time pursuant to the main sentence of Article 39(1) of the Criminal Act, the guilty part of the judgment below cannot be maintained.

However, despite the existence of the above reasons for reversal, the defendant's assertion of mistake is still subject to the judgment of this court.