The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for nine months.

A seized bridge (No. 1) shall be 1.

1. As to the grounds for appeal, there are circumstances unfavorable to the Defendant, such as the following: (a) the Defendant committed the instant crime under the method by which the Defendant intrudes into an empty house by using a bridge; and (b) the Defendant was arrested by an investigative agency while the Defendant was faced with an escape due to the commission of the instant crime while hiding with the victim’s escape; and (c) the Defendant was arrested as a flagrant offender while the Defendant was under investigation by the prosecution and was subsequently acknowledged as soon as possible

However, considering the following facts: (a) the Defendant’s act of committing the instant crime late late and reflects it; (b) the Defendant has no record of criminal punishment other than fines after having been punished for robbery injury before about twenty (20) years; (c) the instant crime was committed after having been punished for an attempted crime; and (d) the Defendant’s age, character and conduct, career, family relationship; (b) details and result of the instant crime; and (c) all of the sentencing conditions specified in the records and arguments, such as the circumstances after the crime, etc., the lower court’s imprisonment (one year of imprisonment) is unreasonable.

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

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the original judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 342 and 331(1) of the Criminal Act applicable to the facts constituting an offense;

1. Statutory mitigation (voluntary mitigation) under Articles 25 (2) and 55 (1) 3 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;