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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment with prison labor) is unreasonable.
2. The Defendant did not agree with, or have not recovered from, the victims.
Some of the crimes of this case committed in the course of intrusion by carrying dangerous articles, such as strawe, etc., are not good.
However, in full view of the favorable circumstances, such as the confession of the crime of this case and the violation of the law, the defendant does not have any previous conviction due to the same crime, the victims' amount of damage is not relatively large, and most of the damaged goods of this case appear to have caused the crime of this case in terms of the maintenance of livelihood, and other factors of sentencing, including the defendant's age, sex, sex, occupation and environment, motive and background of the crime, circumstances after the crime, etc., and all of the factors of sentencing as indicated in the records and changes theory, the sentence of the court below is unreasonable.
3. 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, and the judgment below is ruled again as follows.
[Re-written judgment] The summary of the facts constituting the crime and evidence acknowledged by this court is changed to "the theft of night residence intrusion at night" in the column of section 1, 5, and 9 of the judgment below in accordance with Article 25 (1) of the Regulation on Criminal Procedure in accordance with Article 25 (1) of the Criminal Procedure Act. It is clearly obvious that this part of the judgment is written in the facts charged and criminal facts, and even if there is no clerical error, it is a confession of the defendant, and the "the theft of night residence intrusion at night after damage" in the column of section 5, 1, 5, and 9 of the judgment below is stipulated in Article 319 (1) of the Criminal Act. Thus, it is stipulated that the defendant's right of defense is exercised.