The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

The lower court found the Defendant guilty of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) among the facts charged in the instant case, and found the Defendant guilty of each intrusion upon residence (not guilty of the grounds).

As to the judgment of the court below, only the defendant filed an appeal on the ground that the sentencing was unfair, and since the prosecutor did not file an appeal, the part of the judgment below's acquittal was exempted from the object of attack and defense between the parties.

I would like to say.

Therefore, the judgment of the court below is to follow the conclusion of the judgment without determining it separately.

The decision of the court below on the summary of the reasons for appeal (four years of imprisonment) is too unreasonable.

Judgment

The Defendant had a record of having been sentenced several times to punishment due to a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and committed the instant crime even during the period of repeated crime, and the instant crime is committed by holding a window or a living room with the victim’s house and cutting away goods, and thus, the crime is disadvantageous to the Defendant.

On the other hand, the defendant recognized all of the crimes of this case and reflected in depth, seized part of the damaged articles and returned them, and the fact that the defendant has a father of the second degree disability in delay, etc. are favorable to the defendant.

In light of the above unfavorable circumstances, the Defendant’s age character and character intelligent environment including favorable circumstances, motive and consequence of the crime, the circumstances after the crime, etc., as well as the sentencing guidelines of the Supreme Court sentencing committee, the sentence imposed by the court below is somewhat unreasonable.

Defendant’s assertion is with merit.

The judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, on the grounds that the appeal by the defendant is well-grounded (the court below's judgment of conviction and not guilty).