The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

The seized pans digital camera.

1. The decision of the court below on the summary of the grounds for appeal (two years of imprisonment, confiscation) is too unreasonable.

2. In full view of all the circumstances, including the Defendant’s age, character and conduct, environment, occupation, circumstance and contents leading to the instant crime, and circumstances after the instant crime, the sentence of the lower court is too unreasonable, and its method of punishment is considerably dangerous, since the instant crime was committed by intrusion on the building, vehicle, etc. owned by another person, and there is no history of criminal punishment except for the Defendant who was sentenced to a fine for larceny once. Meanwhile, the Defendant’s damage in the instant crime appears to be able to be returned to the victim, and the Defendant’s age, character and conduct, environment, occupation, and occupation, circumstances leading to the instant crime, etc.

Therefore, the defendant's argument is justified.

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

Criminal facts

The summary of the evidence and the criminal facts recognized by the court against the defendant and the summary of the evidence are as stated in each corresponding column of the judgment of the court below, and they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 329 and 342 of the Criminal Act concerning the selection of punishment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 333(1) of the Return Criminal Procedure Act [Determination of a sentence] is to determine a sentence which deviates from the lowest limit of the recommendation sentence, taking into account the same circumstance as the reason for the above reversal (decision of a sentence] 2 to 4 years (decision of a recommendation range / [decision of a sentence] 2 years to 4 years (decision of a sentence].