The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

1. The summary of the grounds for appeal (a two-year and six-month imprisonment) of the lower court is too heavy or unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal, and 2-C of the facts constituting the crime, which the prosecutor deems as follows in the facts constituting the crime in the judgment of the court below.

An application for change of indictment to add the facts charged as stated in the paragraph was filed, and this court permitted this, which led to a change in the subject of the adjudication, so the judgment of the court below cannot be maintained as it is.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act on the grounds of the above ex officio reversal, and the judgment below is reversed and it is so decided as follows.

Criminal facts

In addition to the addition of the following facts to the facts constituting the crime, the summary of the facts constituting the crime and the evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

(c)

On March 16, 2016, the Defendant, along with H on March 16, 2016, intruded into the above church by using the gap in which the demand was carried out in the “pathy church” located in the Seongbuk-gu Seoul, Seongbuk-gu, Seoul, 34-ro 29, the Seongbuk-gu, Seoul, and then damaged the correction devices of the office inside the above church, which all people return to the house, and damaged the difference in the distribution and caused the damage to the correction devices of the office inside the above church, and carried KRW 20 million in cash owned by the victim AO.

As a result, the defendant habitually stolen the victim's property together with H.

Application of Statutes

1. Relevant Articles 332, 342, and 331(2) (including habitually special larceny, habitually special larceny, and attempted larceny), Article 2(2)1 of the Punishment of Violences, etc. Act, Article 319(1) of the Criminal Act (joint residential intrusion, and choice of imprisonment) concerning the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act, and the proviso of Article 42 of the same Act, which shall apply to concurrent crimes.