The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

No. 19,20 of seized evidence shall be charged to the defendant.

1. The sentence imposed by the court below (two years and six months of imprisonment) is too heavy.

2. The Defendant, as stated in the first head of the crime of the lower judgment, committed the instant crime again during the period of repeated crime even though he had been punished several times for the same kind of crime, and the instant crime is an element of sentencing unfavorable to the Defendant that is disadvantageous to the Defendant, where the Defendant habitually intrudes into the Moel operated by the victims by pretending them to be a customer, and where the nature of the instant crime is not weak due to the theft of property.

However, in full view of the fact that the Defendant recognized all of the instant crimes and opposed to the fact that there are many benefits earned by the Defendant due to the instant crime, there are circumstances that may be taken into account as well as the circumstances leading to the instant crime, and other various sentencing conditions shown in the argument of the instant case, the lower court’s punishment against the Defendant is somewhat unreasonable.

3. Since the defendant's appeal is with merit, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled again as follows.

Criminal facts

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

Application of Statutes

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 329 and 330 of the Criminal Act by combining the corresponding provisions on the crime.

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;