The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for not less than two years and six months.

Seized evidence shall be confiscated as provided for in Articles 8 through 12.

1. The summary of the reasons for appeal (three years of imprisonment) by the lower court is too unreasonable.

2. The judgment of the Defendant, including 10 times the past force of the sentence, committed the same kind of crime repeatedly once again, and is a repeated crime committed by the same kind of crime within the short term after release, and is a repeated crime committed by intrusion on the structure at night and attempted to steal or steals, etc., and the fact that the method of committing the crime is inadequate, and that the agreement with the victims or the damage has not been restored is unfavorable to the Defendant.

However, in full view of the Defendant’s age, character and conduct, family environment, motive and circumstance of the instant crime, means and consequence of the instant crime, etc., as well as the result of the application of the sentencing guidelines of the Sentencing Commission by the Sentencing Committee, it is recognized that the sentence imposed by the lower court is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 332 and 330 of the Criminal Act regarding criminal facts (the charge of larceny of habitual night buildings), Articles 332 and 329 of the Criminal Act (the charge of habitual larceny), Articles 342, 332 and 330 of the Criminal Act (the charge of habitual larceny), Articles 330 (the charge of habitual larceny) of the Criminal Act (the charge of habitual larceny of a structure) (the charge of habitual larceny of a structure at night), and Articles 342, 332, and 330 (the charge of habitual larceny of a structure at night) of the Criminal Act (the charge of habitual larceny of a structure at night), including the crime of habitual larceny, habitual larceny, and habitual larceny of a structure at night, and the charge of habitual larceny of a structure