The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The summary of the grounds of appeal is that theft against victim E was committed while the defendant was discovered while he stolen the wall of the above victim and was arrested at the scene, and thus, the judgment of the court below which recognized the theft as an attempted crime is erroneous in the misapprehension of legal principles as to the timing of taking time of night residence intrusion larceny, and the punishment of the court below is too unreasonable (eight months of imprisonment).

2. Determination

A. Regarding the assertion of misapprehension of the legal principles, night residential intrusion larceny does not require the defendant to keep the property in a state where he or she can preserve the economic value of the property permanently and dispose of it by infringing another's possession and moving the property under his or a third party's de facto control. According to the records, the defendant was discovered in the victim E room and was arrested while she was released from the victim's wall. According to the above facts, according to the above facts, the defendant infringed the defendant's possession of the above victim's wall, and it can be seen that the defendant moved the above victim's wall in his control. Accordingly, this part of the defendant's assertion is without merit.

B. In full view of the fact that there was an agreement with the victims on the assertion of unfair sentencing, that the Defendant appears to recognize and reflect his mistake, and all other matters on the sentencing specified in the records and arguments of the instant case, the sentence of the lower judgment is deemed to be too unreasonable, and thus, the Defendant’s assertion is reasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified.

Criminal facts

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