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The judgment below
The remainder other than the confiscated part shall be reversed.
A defendant shall be punished by imprisonment for one year.
Reasons
1. The summary of the grounds for appeal: The punishment imposed by the lower court (two years of imprisonment, three years of suspended sentence, three years of probation, community service, and confiscation) is too uneasible and unreasonable.
2. In light of the following: (a) the Defendant intrudes upon another person’s residence 14 times over 2 months in a period of 14 months, and steals or attempted to commit a crime more than 20 million won in total; (b) the Defendant has been subject to criminal punishment (referring to two criminal records) and juvenile protective disposition twice each of the same or similar crimes, including larceny and robbery; (c) the Defendant has a total of five criminal punishment and three juvenile protective disposition records; and (d) the risk of recidivism of the Defendant appears to be considerably high in light of the Defendant’s criminal records and the number of criminal offenses, etc., even if considering that the Defendant recognized all of the instant crimes, and deposit KRW 15,70,000 among the victims, etc. for seven favorable circumstances to the Defendant, the sentence imposed by the lower court is too somewhat less severe.
3. If so, the prosecutor's appeal is with merit. Accordingly, pursuant to Article 364 (6) of the Criminal Procedure Act, the remaining part of the judgment below excluding the confiscated part shall be reversed, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 332 of the Criminal Act and Articles 332 and 329 of the Criminal Act regarding criminal facts, the grounds for sentencing choice of imprisonment with prison labor and the grounds for appeal, as seen in the judgment of the aforementioned grounds for appeal, shall be determined as per the order.