The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Seized evidence No. 1 shall be confiscated.

1. The lower court’s punishment (three years of imprisonment and confiscation (No. 1)) against the Defendant on the summary of the grounds for appeal is too unreasonable.

2. The so-called Bohishing crime was committed against an unspecified number of victims on a systematic, planned, and intelligent basis, and the social and economic harm therefrom is also serious, and there is a need to severely punish subordinate participants in the crime of this case. The crime of this case is committed not only by the defendant involved in Bohishing but also by intrusion upon the victim's residence but also by theft of KRW 23 million, which is also committed against the defendant, such as the fact that the defendant attempted to steals of KRW 30 million by intrusion upon the victim's residence, and that the crime was committed in light of the circumstances and contents of the crime.

However, in light of the fact that the defendant made a confession of the crime in this case and reflects his mistake in depth, the degree of illegality of the crime in this case committed by the defendant and the fact that the sentencing need to be maintained balance, and other circumstances that form the conditions for sentencing specified in the argument in this case, such as the defendant's age, sex, environment, etc., the court below's punishment against the defendant is too unreasonable.

Therefore, the defendant's argument of sentencing is justified.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 319(1) and Article 30 of the Criminal Act concerning the crime, the pertinent provision of the Criminal Act, the choice of a punishment, and the choice of a punishment (a point of intrusion upon a residence and a choice of imprisonment), Article 331(2) of the Criminal Act.