The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

The seized pentle (No. 1) shall be confiscated.

1. Summary of grounds for appeal;

A. The lower court found the Defendant guilty on the charge of 2014 high group 5120, which found the Defendant guilty on the ground that there was only the fact that the victim E was scamed with the hand floor with respect to the charge of 2014 high group 5120.

B. The sentence of the lower court’s unfair sentencing (one year and six months of imprisonment) is excessively unreasonable.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

1) After the prosecutor’s remanded the case, the prosecutor applied for the amendment of the indictment with the phrase “special injury” in the name of the crime in the order of 2014 High Order 5120 of the indictment, and “Article 3(1) and 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act” in the applicable law, “Article 258-2(1) and Article 257(1) of the Criminal Act” as “Article 258-2(1) of the Criminal Act and Article 257(1) of the Criminal Act,” and this court permitted this, thereby changing the subject of the judgment of the case, and the subject of the judgment of the court below should be sentenced to one punishment in the concurrent crime under the former part of Article 37 of the Criminal Act.

2) According to the evidence duly admitted and examined by the trial court, the Defendant was sentenced to ten months of imprisonment with prison labor for night structure intrusion larceny, etc. at the Seoul Central District Court on September 3, 2015, and the judgment became final and conclusive on January 14, 2016, and the Defendant was sentenced to four months of imprisonment with prison labor for the crime of intrusion upon residence, etc. on February 4, 2016, and the judgment became final and conclusive on May 3, 2016. According to the above facts, since the special crime, etc. of this case and the crime of intrusion into night structure, and the crime of intrusion into residence, etc., for which judgment became final and conclusive, are concurrent crimes under Article 37 of the Criminal Act. Thus, in determining the punishment for the special crime of this case, etc., Article 39(1) of the Criminal Act.