The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (1.5 million won in penalty) against the Defendant is too unreasonable.

2. The fact that the defendant did not agree with the victim that he did not agree with the judgment on the unfair argument of sentencing is unfavorable to the defendant, or that the defendant confessions all of the crimes in this case and repents his wrongs, the defendant committed the crime in this case by entering the victim's house through the open door or entrance, the defendant committed the crime in this case by entering the victim's house through the open door or entrance, and the defendant's house does not have a longer time than twenty minutes (26-27 pages of the evidence record) and there is no history of punishment against the defendant, taking into full account the circumstances favorable to the defendant, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and result of the crime, etc., the defendant's sentence against the defendant is unreasonable since the defendant's argument is without merit.

3. As a result, the appeal by the defendant is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

【Grounds for another judgment】 The facts constituting the crime against the defendant recognized by the court and the summary of the evidence are identical to the facts stated in the corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 319 (1) of the Criminal Act and Article 319 of the same Act and the selection of fines for criminal facts;

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes against intrusion on residence on April 14, 2015, heavier punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;