The judgment of the court below is reversed.

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

Seized evidence referred to in subparagraphs 1 through 3 shall be confiscated.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months) of the lower court is too unreasonable.

2. The judgment defendant committed the crime of this case during the period of the same repeated crime, and was punished several times for the same crime including four times of punishment, and is disadvantageous to the defendant.

However, in full view of the following facts: (a) the confession and reflect of the Defendant; (b) the amount of damage was relatively small; (c) the place in which the victim was intruded is a restaurant, which is a place other than an indoor residential space; and (d) part of the damaged goods were returned to the victim and the victim did not want the punishment by mutual consent with the victim; and (d) the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime; and (e) various sentencing conditions indicated in the instant case,

Defendant’s assertion is with merit.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 319 (1) of the Criminal Act, Article 329 of the Criminal Act, and Article 329 of the Criminal Act, the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act for forfeiture [the scope of recommending punishment] The sentence of Article 48(1)1 of the Criminal Act for general property is as follows: (a) mitigated area (8 to 1 year and 6 months) [a person under special mitigation and mitigation] (a person under special mitigation and mitigation] intrusion upon a place other than an indoor residential space (Kinds 4), and the same type of repeated crime (a decision of sentence) that does not correspond to punishment non-permanent offender (a repeated crime).