The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The sentence imposed by the lower court (one year and six months of imprisonment) shall be excessively unreasonable.

2. Before the judgment on the grounds of appeal ex officio, prior to the judgment on the grounds of appeal ex officio, the prosecutor examined the facts charged in the instant case as follows: (a) from the “violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. of Specific Crimes (thief), the theft of a structure at night, and attempted larceny of a structure at night”; (b) the applicable provisions of the Act to “Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and Articles 330 and 342 of the Criminal Act,” respectively; and (c) as the subject of the judgment was changed by the court’s permission, the judgment of the court below was no longer maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of 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. Articles 332, 330, and 342 of the Criminal Act applicable to the facts constituting an offense;

1. The reason for sentencing Article 35 of the Criminal Act among repeated offenders: (a) the Defendant again committed the instant crime despite the fact that he had been punished for the same kind of crime eight times in total, including six times of punishment; (b) one of the instant crimes was committed during the period of repeated crime; (c) six times of the instant crimes was committed during the period of suspended execution due to the same kind of crime; (d) all of the crimes was committed by intrusion upon a structure at night; and (e) the nature of the crime was poor in light of the law and content of the crime.

On the other hand, the defendant is now.