1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for a term of one year and two months; and

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

2. Prior to the judgment on the grounds for appeal ex officio, prior to the judgment on the grounds for appeal of ex officio, the prosecutor examined the name of the crime against the defendant in the trial room as "Habitual larceny", and applied for changes in the applicable provisions of law to "Articles 332, 330, and 342 of the Criminal Act", and the court granted permission.

The judgment of the court below is no longer maintained as the subject of the judgment was changed as above.

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.

Criminal facts

The summary of the facts constituting a crime and the evidence acknowledged by this court is as follows. The summary of the reasoning of the judgment of the court below is as follows: "The defendant attempted to steals property by habitually intrusion upon another person's residence at night over three times," and the summary of the evidence is as follows: "Habituality of the judgment of the court below: Habituality of the court below in the summary of the evidence: The defendant's own criminal records, criminal records, criminal acts, and criminal acts of the same kind have not yet passed after release, and repeated crimes of the same kind are committed again." Except for addition, the summary of the evidence is as stated in each corresponding column of the judgment of the court below, and such facts

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 332, 330 and 342 of the Criminal Act concerning the selection of criminal facts (generally, and choice of imprisonment);

1. The reason for sentencing Article 35 of the Criminal Act among repeated crimes is that the defendant had been punished several times for the same or similar crime, and that the defendant again committed the crime of this case three times during the period of repeated crime, and that some of the crimes committed during the investigation by an investigative agency is disadvantageous.

On the other hand, the confession and reflect of the defendant, and the crime is attempted.