The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

1. The sentence of the lower court (two years of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. In the judgment of the court, the prosecutor applied for changes in the indictment with respect to the defendant's name of the crime against "Habitual larceny" from "violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny)" to "Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 329 and 330 of the Criminal Act" to "Article 332, 329, and 330 of the Criminal Act," respectively. Since this court permitted this, the judgment of the court below was no longer maintained.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and the following is decided through a new theory of change.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 332, 329, and 330 (including provisions) of the Criminal Act concerning the facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)

1. Scope of applicable sentences under the Act: Imprisonment with prison labor for not more than 15 years and not more than 2.2. The sentencing guidelines for the larceny crime (a type decision) No. 4 (special sentencing factors): Where a person intrudes into any place, other than indoor residential space, the mitigated factors: In cases of repeated crimes of the same kind not equivalent to the aggravation of specific crimes (a repeated crime) and habitual crimes (aggravating the scope of recommending punishment); one year and six months to four years (aggravating area);

3. Determination of sentence: Imprisonment with prison labor for two years, the Defendant intrudes on the church five times from the end of June 2017 to August 18, 2017.