The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

1. Summary of grounds for appeal;

A. The Defendant asserts to the effect that the Defendant did not commit the instant crime and did not appear at the time indicated in the facts charged, as follows.

In other words, around 17:00 on February 17, 2015, the defendant gets a bicycle and passed a cafeteria under the 2nd floor victim's house, and discovered an abandoned house and entered it beyond a fence.

The provisions of this Act were applied to the cases where bread, etc. were drinking in abandoned houses, but they were only drinking in excess of time, and then they were included in the calculation of tax base.

Around the time of self-determination, an empty house entered a restaurant with the above first floor to steal money and valuables, but there was no money and valuables, and only a water twel with the water twel in order to remove the upper part of the wall that occurred beyond the above fence, and again, entered the empty house and locked it.

The date and time stated in the facts charged was not at the scene of crime, and was at the seat of the father in Gu and Si I from 17:30 to 20:00.

Therefore, the detection of the defendant's DNA in the excessive appearance of crime is considered to be due to the defendant's excessive loss after the collection of the victim's house around February 17, 2015.

Nevertheless, the court below found the defendant guilty of the facts charged of this case. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (three years of imprisonment) is too unreasonable.

2. Determination

A. Article 3 of the Act on Special Cases Concerning the Punishment of Specific violent Crimes (hereinafter “Special Act on the Aggravated Punishment, etc.”) provides for the term and the short term of a punishment imposed on a specific violent crime (excluding a crime under Article 337 of the Criminal Act and a case subject to aggravated punishment under Article 5-5 of the Act on the Aggravated Punishment, etc. of Specific Crimes by committing a crime under Article 337 of the Criminal Act) where a specific violent crime is again committed within three years after the execution of the sentence is completed or exempted.