The judgment of the court below is reversed.

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

1. The main point of the grounds for appeal is that the lower court’s imprisonment (ten months of imprisonment) is too unreasonable.

2. The crime of larceny of this case was committed by intrusion upon eight defense rooms located in the location where the Defendant had been staying in the past at night, and the method of committing the crime and the quality of the crime were inferior, and the execution of the punishment was completed for six months due to larceny, and the crime of this case was committed again in the past only two months after the execution of the punishment was completed, and there were many records of punishment for larceny and fraud, including two times of the punishment, that are disadvantageous to the Defendant.

However, in full view of the following factors: (a) the Defendant acknowledges and reflects all of his/her criminal acts; (b) the amount of damage is not so significant; (c) the victim E,O, R and the Defendant appears to be a living offense; and (d) the Defendant’s age, character and conduct, family environment; (b) the motive and background of the crime; (c) the means and consequence of the crime; and (d) the application of the sentencing guidelines of the Sentencing Commission, including the circumstances before and after the crime, it is recognized that the sentence of the lower court is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts of the crime and evidence acknowledged by this court is as follows. The part of the facts of the crime in the judgment of the court below regarding “Slsan-gu U, Ulsan-gu, U.S. U., about 20 hours and 47 minutes,” about 28 hours and 47 minutes, and about 28 hours and 47 minutes, and about 20 hours and 20 hours, respectively, are the same as the corresponding column of the judgment of the court below except for each alteration to 20 hours and 20 hours. Thus, this part is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 330 of the Criminal Act and Article 342 of the Criminal Act concerning criminal facts, the choice of punishment (the point of night larceny).