The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The Defendant, at night, attempted to steal the glass of the convenience store, or attempted to steal the property by actually intrusion upon another person’s residence, etc., and the nature of the crime is very poor in light of the method and circumstances leading up to the crime.

Damage recovery or failure to reach an agreement.

The defendant has been punished for several times, including imprisonment for the same kind of crime and crimes of different kind in the past.

However, all of the crimes of this case committed by the Defendant, and his mistake is divided.

The crime to maintain poor living seems to be a typical living-type crime.

The value of the damaged goods is small amount, and some crimes were attempted.

In addition, comprehensively taking account of the defendant's age, reputation, character and conduct, environment, family relationship and social bond, motive, process, and circumstance after the crime of this case, etc., the court below's punishment against the defendant is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

【Reasons for the Judgment of the Supreme Court which has been written] The criminal facts and summary of the evidence recognized by the court are identical to the facts constituting the offense and summary of the evidence, and thus, the summary of the evidence is identical to the facts in each corresponding column of the judgment of the court below.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 342 and 331(1) of the Criminal Act regarding criminal facts, the choice of punishment (the number of times of night destruction and damage) of the same Act, Article 329 of each Criminal Act, Articles 342 and 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, Article 319 (1) of each Criminal Act, Article 322 and Article 319 of the Criminal Act, the choice of punishment (the occupation of intrusion, the choice of imprisonment), Articles 322 and 319