The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for two years.

A seized knife (No. 1).

1. The lower court found the Defendant guilty of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, intrusion on residence, and special intimidation among the facts charged in the instant case, and dismissed the prosecution against the violation of the Act on Promotion of Information

Since only the Defendant appealed against the conviction of the lower court, the dismissal of the public prosecution in the lower judgment was separated and finalized in excess of the period of appeal.

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. The main point of the grounds for appeal is that the lower court’s imprisonment (two years and six months of imprisonment, and confiscation) is too unreasonable.

3. The judgment on the grounds of appeal committed the instant crime again even though the Defendant had been punished for the same thief crime, and in particular, the Defendant committed the instant crime after having been sentenced to a punishment for the immediately preceding thief crime and completed the execution thereof, and the Defendant committed a repeated and planned crime, such as: (a) a certain thief, who was punished by the Defendant for committing a crime; (b) a risk of the law and attitude of committing the crime; and (c) a crime of special intimidation was committed by intrusion through windows after the Defendant committed a crime, which is disadvantageous to the Defendant.

On the other hand, the fact that the defendant does not commit a second offense because he reflects his mistake, and that the damage caused by the larceny is relatively little, and that the defendant does not want the punishment of the victim by mutual consent with the victims is favorable to the defendant.

In addition, considering the defendant's age, character and conduct, environment, motive and background, means and result of the crime, circumstances after the crime was committed, and whether the change in circumstances occurred after the sentence of the judgment below, the sentence of the court below is somewhat inappropriate.

Therefore, the defendant's argument is justified.

4. Conclusion.