The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

1. The lower court’s sentence (four months of imprisonment and suspension of sentence) is too unhued and unreasonable.

2. In order to rescue the abandoned dog, the Defendant committed the instant crime, and actually treated the dog and sent the adopted body to a person capable of protecting it, and agreed with the victim.

However, the defendant was informed that he was abused through SNS and received a few copies of the photograph. When based on the above photograph, he was not in an imminent situation, such as scams to the dog or her freeboard, and even the informant who requested the rescue of the defendant provided the dog with water and drinking, and then found the reporter.

However, without making any effort to confirm the opening condition in advance and see the main owner's dialogue by dividing it, the victim's dwelling into the victim's dwelling at the heart, and cut down the dog on the vehicle and cut off the dog with the event that it was prepared in advance by intrusion upon the victim's dwelling.

Even before five months from the crime of this case, the defendant committed the crime of this case even though he had been subject to a disposition of suspension of indictment for the same kind of crime, and the defendant cannot be deemed to have committed the crime of this case.

In addition, in full view of the various circumstances shown in the records and pleadings of this case, such as the Defendant’s age, sexual conduct, circumstances before and after the commission of the crime, and the means and methods of the crime, the lower court’s punishment is too uneasible and unreasonable.

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the prosecutor is again decided as follows.

【Grounds for another judgment】 The criminal facts and summary of evidence against the defendant recognized by the court are identical to the records in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 330 of the Criminal Act concerning the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;