The judgment of the court below is reversed.

The imprisonment with prison labor for the accused shall be two and a half years and six months.

Nos. 1 through 4 of seized evidence.

1. The reasoning of the appeal is heavier than that of the lower court.

2. We examine the defendant's reasons for an unfair appeal for sentencing ex officio prior to judgment.

Of the judgment of the court below against the defendant [criminal facts], the prosecutor habitually intruded the second sentence from February 12, 2013 to January 7, 2016, 2016, the total amount of 20,950,000 won due to intrusion on the victim's house 26 times in total, such as the list in the attached crime list, and attempted to steal the property by intrusion on the victim's house 7.

“A request for amendments to Bill of Indictment was made.”

The judgment of the court below cannot be maintained as it is because the court permitted the modification of the bill of amendment.

3. The judgment of the court below is reversed ex officio due to changes in indictment.

The judgment of the court below shall be reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment shall be rendered again after pleading as follows:

Criminal facts

[criminal history] On February 5, 1975, the Defendant was sentenced to imprisonment with prison labor for larceny for a maximum of two years and one year and six months at the Seoul Criminal District Court. On June 29, 1977, the Defendant was sentenced to three years of imprisonment with prison labor for habitual larceny in the Sungdong Branch of the Seoul District Court. On February 18, 1981, the Defendant was sentenced to two years of imprisonment with prison labor for intrusion upon residence at the Southern Branch of the Seoul District Court.

[2] On November 9, 2015, around 19:15, the Defendant was in front of the Victim E’s house in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, and sought a theft of property owned by the victim by opening a crime prevention window (33 cm in length) with the iron bars (33 cm in length) possessed by the Defendant, but the Defendant did not commit an attempted crime with the wind that the damaged person had a sound.

In addition, the Defendant habitually intrudes on 19 victim houses from February 12, 2013 to January 7, 2016, as indicated in the list of crimes, and steals total amount of 20,950,000 won, and intrudes on seven victim houses.