The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

1. The prosecutor of the gist of the grounds for appeal asserts that the court below's punishment (two years of suspended execution in one year of imprisonment) is unhued and unreasonable.

2. Determination is the circumstances favorable to the defendant that the defendant has no record of punishment, in addition to punishment once imposed by a fine on the crime of different types.

However, each of the crimes of this case committed by the defendant at night, theft of another person's property or intrudes another person's property by destroying a gate to the structure at night, or intrudes another person's property through several times, and thus, the nature of the crime is not weak. The victims want to punish the defendant, and the amount of damage has not been recovered, etc. are considered disadvantageous to the defendant. Considering other circumstances, comprehensively taking into account the defendant's age, character and behavior, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime committed, etc., and the sentencing specified in the arguments and records of this case, the court below's punishment is deemed unfair.

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below shall be reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following decision shall be

[Discied Judgment] Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence are as stated in the corresponding column of the judgment below.

(Article 369 of the Criminal Procedure Act). Application of law

1. Article 331(1) and Article 330 of the Criminal Act, Articles 330 of the Criminal Act, Article 319(1) of the Criminal Act, Article 329 of the Criminal Act, the choice of imprisonment for a crime, Article 329 of the Criminal Act, and the choice of imprisonment

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Suspension of execution under Article 62 (1) of the Criminal Act (Considering circumstances, etc. favorable to the defendant incurred in the reversal reason);

4. Probation and community service order shall be directed and supervised by the probation officer in consideration of the seriousness, etc. of the crimes of this case under Article 62-2 of the Criminal Act;