A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 1,00,000 won.

When the defendant does not pay the above fine.

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (five months of imprisonment and one million won of fine) is too unreasonable.

2. The fact that the Defendant committed each of the instant crimes because he/she was sentenced to three years of imprisonment for a crime of intrusion upon residence at the Daegu High Court on May 4, 201 and was long after the execution of the sentence was completed on February 15, 2014 is disadvantageous to the Defendant, or that the Defendant’s mistake was divided and reflected against him/her is favorable to the Defendant.

In full view of these circumstances, the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, and the conditions of the sentencing as shown in the records and arguments, the sentence imposed by the court below is too unreasonable.

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.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in each corresponding column 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. Article 38 of the Act on the Probation, Electronic Monitoring, etc. of Specific Criminal Offenders, Articles 38 and 14 (1) (the point of harm to the usefulness of location tracking system, choice of imprisonment), Articles 39 (3) and 9-2 (1) 1 (the point of violation of each of the matters to be observed) of the Act on Probation, Electronic Monitoring, etc. of Specific Criminal Offenders, Article 39 (2) of the Act on Probation, Electronic Monitoring, etc. of Specific Criminal Offenders, Articles 32 (2) and (3) and 38 of the Act on Probation, etc., Articles 38 and 38 of the Act on Probation, Electronic Monitoring, etc. of Specific Criminal Offenders;

1. Violation of the Act on Probation and Electronic Monitoring, etc. for Specific Offenders due to the violation of Article 35 of the Criminal Act among repeated offenders.