The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of the facts or misunderstanding of the legal principles, the Defendant attempted to have the victim’s panty with an intention to destroy evidence. As such, there was no intention to obtain unlawful information as to attempted larceny of intrusion at night among the charges of this case.

2) The sentence of the lower court’s improper sentencing (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. Prior to the judgment on the grounds of appeal by the Defendant and the prosecutor ex officio, prior to the judgment on the facts charged in the instant case, the prosecutor deleted “an attempted larceny by night-time intrusion” from among the facts charged in the instant case, and “Articles 330 and 342 of the Criminal Act” from among the applicable provisions of the Act, and attempted to steals the panty by re-infusing the victim’s residence and stealing it.

On September 13, 2015, at around 03:00, the Defendant re-entered into the residence of the fourth floor of the lower-rise building located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, and attempted to gather panty owned by the victim on the market price at the early dried-up market, but the victim who was frighted from the bed fright failed to make the Defendant report and sound, and the Defendant failed to commit an attempted crime.

“Reconsting the victim’s residence,” and having panty with the victim’s residence.

On September 13, 2015, at around 03:00, the Defendant opened the entrance door that was not corrected for the said panty purpose at the 4th floor of the lower-rise building located in Seodaemun-gu Seoul Metropolitan Government, and opened the entrance door to the living room, and intruded on the residence of the victim.

The judgment of the court below was no longer maintained since the defendant applied for permission to change the indictment to "," and this court permitted this, and the judgment of the court below was no longer maintained (the defendant recognized all the charges modified as above, so the defendant's mistake as to the facts charged prior to the change of the defendant is alleged.