The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The sentence imposed by the lower court (ten months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Determination

A. The sentencing is based on the statutory penalty, and the discretionary determination is made within a reasonable and reasonable scope, taking into account the factors constituting the conditions for sentencing as prescribed in Article 51 of the Criminal Act.

However, considering the unique area of sentencing of sentencing of the first instance that is respected under the principle of trial priority and the principle of direct jurisdiction taken by our criminal litigation law and the nature of the ex post facto review of the appellate court, the sentencing of sentencing of the first instance was exceeded the reasonable scope of discretion when comprehensively taking into account the factors and guidelines for sentencing specified in the first instance sentencing trial process.

In light of the records newly discovered during the appellate court’s review of sentencing, it is reasonable to reverse the first instance judgment that the sentencing of the first instance judgment is unfair (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). (b) In the first instance judgment, the Defendant had expressed an attitude that all the charges denied in the lower judgment were determined by the lower court during the trial of the party and that it was against the victim. Although considering the fact that the Defendant committed the instant crime during the period of repeated offense and the poorness of the nature of the crime indicated in the Act on Criminal Procedure, the foregoing circumstance constitutes a new change of circumstances that should be viewed differently from the lower court’s judgment in determining the Defendant’s sentencing in the first instance trial.

In addition, the amount of damage is approximately KRW 310,00,00. The crime of this case constitutes "a case where the defendant intrudes into a place other than the indoor residential space," which is an element to reduce the sentencing guidelines, and other cases, such as the defendant's age, sex, family environment, motive, means and consequence of the crime, and circumstances after the crime.