All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The punishment of Defendant 1’s original adjudication (two months of imprisonment) is too unreasonable.

(b) The form of the 2nd judgment decision of the Prosecutor (3 million won in penalty) is too unhued and unreasonable.

2. The appellate court, ex officio, decided to hold a joint hearing of each appeal case against the defendant by the lower court.

Since each crime of the judgment below is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, a single punishment shall be imposed within the scope of the term of punishment for which concurrent crimes are aggravated by judgment pursuant to Article 38(1) of the Criminal Act.

In this respect, all judgment of the court below cannot be maintained as it is.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing against the judgment of the court of first instance and the prosecutor's improper assertion of sentencing against the judgment of the court of second instance. The judgment of the court below is reversed in entirety, and it is again decided as follows after pleading.

Criminal facts

The summary of facts constituting a crime and evidence recognized by this court shall be as shown in the corresponding columns of the original judgment.

In accordance with Article 369 of the Criminal Procedure Act, they are quoted as it is.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 330 of the Criminal Act (a thief by intrusion upon a structure at night), Articles 342, 330 (a thief by intrusion upon a structure at night) of the Criminal Act, Articles 29 and 298 of the Criminal Act (a thief by force and choice of imprisonment) concerning the crime;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with the punishment provided for in the night building intrusion larceny at night on February 29, 2016, the most severe punishment and the nature of the crime and the circumstances of the crime);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 62-2 (1) of the Criminal Act on the observation of protection;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. The exemption from disclosure orders and notification orders shall be the punishment of sexual crimes;