The judgment of the court below is reversed.

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

1. The decision of the court below on the summary of the reasons for appeal (4 months of imprisonment) is too unreasonable.

2. The fact that the Defendant committed the instant crime without being aware of the nature of the crime in light of the method of committing the instant crime, etc., which destroyed the victim’s house by destroying the entrance of the victim’s house with golf loans under the formation of golf loans, and intrudes into the victim’s house on the new wall, and destroying the kitchen, etc., and committed the instant crime without being aware of the fact that the Defendant committed the instant crime

However, considering the fact that the defendant reflects the defendant's mistake in depth, it appears to be a contingent crime, that the neighbor of the defendant wants the defendant's wife against the defendant from the investigative agency to the depth of the defendant, that the defendant's neighbors wanted to leave the defendant from the investigative agency to the trial, that the defendant's wife suffering from urine, and that the father's protection is necessary for the child who has tried to make a extreme selection due to school violence, in particular, it seems that the defendant's age, sexual behavior, environment, family relationship, circumstances after the crime, etc., and various sentencing conditions as shown in the records and arguments of this case are considered unfair because the court below's punishment is somewhat inappropriate.

The grounds for appeal are with merit.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged and the summary of the evidence presented by this court are as stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act and Articles 320, 319(1) (a) of the Criminal Act concerning facts constituting an offense, and Articles 369(1) and 366 of the Criminal Act concerning the selection of punishment (a point of intrusion upon special residence), and Articles 369(1) and 366 of the Criminal Act;

1. The reason for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 (2) of the Criminal Act for the aggravation of concurrent crimes.