The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (4 months of imprisonment) is too unreasonable.

2. Before the judgment on the grounds for appeal by the Defendant’s ex officio, the prosecutor tried to examine the reasoning for appeal by the Defendant, and at the trial of the Party, the prosecutor, “The Defendant,” from around April 7, 2015, 200:0, entered the studio with a window open in front of the Do Incheon-gun Cudio 104, in the first place on April 7, 2015, and carried out Samsung No. 785,000, the market price owned by the victim D on the book, which is equivalent to KRW 785,00.

Accordingly, the defendant invadedd a human habitation at night and stolen the victim's property.

“B” enters the Republic of Korea, “The Defendant,” from April 7, 2015 to 18:00, into the window that was not corrected for the first time in the Gangnam-gun Cudio 104, and intrudes into the window that was not corrected for the first time. The Defendant had one of the Samsungbuk-North Korea, the market price of which is equivalent to KRW 785,000, which was owned by the victim D.

Accordingly, the defendant invadedd the victim's residence and stolen the victim's property.

“In addition, Articles 329, 319(1), 37, and 38 of the Criminal Act apply mutatis mutandis to “the thief, name of the crime,” theft, and intrusion upon residence, and the subject of the judgment by this court was changed, and thus, the judgment of the court below is no longer maintained.

3. Thus, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided as follows through pleading.

Criminal facts

On April 7, 2015, from around 17:00 to 18:00, the Defendant entered and intrudes into a window that has not been corrected for the first time in front of 104 of Gangseo-gun C Studio 104, and the Defendant left one of Samsung Nowon-gu, the market value of which is equivalent to KRW 785,000, the victim D, who was on his/her book, and was on his/her book.

In this respect, the Defendant suffered damage.