The judgment below

The remainder, excluding the part of the application for compensation order, shall be reversed.

Defendant shall be punished by imprisonment for a year.

1. The summary of the grounds for appeal that the court below rendered against the defendant (one year and six months of imprisonment) is too unreasonable.

2. The judgment that the defendant repeated the crime of this case during the period of repeated crime due to the same crime is disadvantageous, but it seems that it was difficult for the defendant to spread the suspicion of the crime due to the bad circumstances, and that the defendant would not repeat the crime again in depth with this time.

In full view of the following circumstances: (a) the Defendant’s life, which the Defendant was unable to seek work after release, led to the instant crime; (b) part of the damaged goods were seized and returned; and (c) the Defendant’s age, environment, family relationship, circumstances leading to the instant crime, and circumstances before and after the instant crime, etc., the lower court’s punishment seems to be unfair due to excessive disregarding of the lower court’s punishment.

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, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Article 330 of the Criminal Act on the selection of punishment (the thief who intrudes upon residence at night), Article 329 of the Criminal Act (the Do, the choice of imprisonment), Article 319 (1) of the Criminal Act (the occupation of intrusion upon a structure, the choice of imprisonment), Articles 342 and 330 of the Criminal Act (the occupation of attempted larceny by intrusion upon residence at night);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

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

1. Article 25(1), Article 31(1), and Article 31(2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Order (the defendant shall be entitled to file an application for compensation of KRW 700,000,000,000,000,000,000,000).