The judgment of the court below is reversed.

The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

provided that this ruling has become final and conclusive.

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

2. At the latest night of determination, the Defendant repeatedly committed a crime that intrudes a female victim’s house near the place where the Defendant resides and steals clothes, and the Defendant again committed the instant crime of the same kind despite having been subject to criminal punishment for the suspension of execution due to night occupation, intrusion, larceny, etc., but at night, committed the instant crime of the same kind. However, there are unfavorable circumstances to the Defendant, such as the Defendant: (a) the Defendant led to confession of and mislead the Defendant; (b) the damage from the instant crime was not heavy; (c) the Defendant appears to have committed a crime that was committed because the Defendant was unable to suppress the defense of the female who did not meet the requirements due to the difficult growth and living; (d) the owner, etc. of a wing factory, who employs the Defendant, want the Defendant’s prior location; and (e) other factors such as the motive and circumstances leading to the instant crime; and (e) the Defendant’s age, character and behavior, occupation, and family relation, etc., the sentence of punishment imposed by the lower court is somewhat inappropriate.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again.

Criminal facts

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

Application of Statutes

1. Relevant Article 330 of the Criminal Act concerning facts constituting an offense (the fact of larceny at night), Articles 342 and 330 of the Criminal Act (the fact of attempted larceny at night);

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;