The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.

2. The crime of this case committed the crime of this case is very dangerous because the defendant entered the residence of the victim at a low level and threatened the victim with the salting, and took the money and valuables by putting the victim's injury and losses in the hands and hand, and the circumstances and methods of the crime are very dangerous.

The Defendant has been sentenced to punishment for larceny several times, and in particular, the Defendant committed the instant crime since one year has not passed since the execution of imprisonment for three years was completed due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

The defendant has not yet agreed with the victims.

These circumstances are disadvantageous to the defendant.

On the other hand, the fact that the defendant recognized the crime of this case and reflected, the defendant appears to have caused any contingent robbery on the wind that the victim's own house enters the house during the larceny, and the defendant was sentenced to imprisonment with prison labor on February 5, 2010 due to robbery, injury, etc. on April 17, 2010 and the judgment was finalized on May 18, 2013, which became final and conclusive on May 18, 2013. The fact that each of the crimes of this case for which the judgment became final and conclusive and the crime of this case should be considered in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act at the same time.

In addition to this point, considering the various circumstances that are the conditions for sentencing as shown in the instant pleadings, such as the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, the sentence of the lower court is too minor.

It is recognized that it is too unreasonable rather than that.

3. In conclusion, the prosecutor's appeal is without merit, but the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and it